I want to apply for patent protection of my invention but am afraid that someone may steal my invention. Is it possible for me to avoid telling anyone about my invention but still get the patent?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Josephine Inge of 1Place Patents Attorneys + Solicitors, Paddington 2021 NSW
- No. In order to apply for a patent you must lodge a detailed description of the invention.
- Part of the ‘deal’ in getting a patent is to put the invention on the public record.
- If you are concerned about placing your invention on the public record then you should consider whether patent protection is the most appropriate form of protection.
- Your concept may be better protected as a trade secret. However trade secret protection can only apply if the ‘secret’ of your invention can remain secret.
- If your invention is easily reverse engineered then trade secret protection will not prevent someone from performing your invention.