Patent infringment

[Celia2]

What is the name of your state? CA
Hi,
I know that this is a very basic question, but since I am new at this, I would appreciate an answer.

I have already submitted the patent application to the PTO office. Do I just go and show the invention to potential clients? What if one decides to use the idea without my permission. What is my protection? Do I have to clearly inform each person that the invention is patent pending?
Thanks
Celia
54321answer@comcast.net

 

[Yuke]

What is the name of your state? CA
Hi,
I know that this is a very basic question, but since I am new at this, I would appreciate an answer.

I have already submitted the patent application to the PTO office. Do I just go and show the invention to potential clients? What if one decides to use the idea without my permission. What is my protection? Do I have to clearly inform each person that the invention is patent pending?
Thanks
Celia
54321answer@comcast.net

A patent is a grant by the USPTO giving you the right to exclude others from the use of a patented invention.

When you deal with potential clients you can contractually obligate a potential client to exclude them from use of your invention as a contingency to having you disclose to them your invention, whether patented or not.

 

[divgradcurl]

Do I just go and show the invention to potential clients?

If you want. The main purpose of NDA's in cases like these is to keep the potential clients from patenting something themnselves, or otherwise making it difficult or impossible to protect your invention. Once you've already applied for a patent, you've preempted much of the need for an NDA. However, there may still be other reasons to use an NDA (nondisclosure agreement) even after filing for a patent, depending on the exact invention and the competetive environment, etc. You may want to consult with a local patent attorney or agent, who can review all of the facts of you situation and opine accordingly.

What if one decides to use the idea without my permission. What is my protection?

Well, you really DON'T have any protection until the patent actually issues. However, once you have filed your application (did you file a provisional or nonprovisional? If you filed a provisional, make sure it gets turned into a nonprovisional within a year, or you are sunk either way!), it's not like anyone can steal your idea and then go out and get a patent themselves. Further, if a patent DOES eventually issue, and the person who is now infringing on the new patent KNEW that a patent was pending, then in some cases the patent infringement damages may be calculated back to before the issue date of patent.

Do I have to clearly inform each person that the invention is patent pending?

No. But if you do, you may have a better damages claim later on, as noted above, if you ever end up in litigation. Plus, if you have already applied for a patent, it says to potential investors (I suppose) that a) you are serious, and b) you may have something that can be exclusively licensed at some point, which may be a selling point.