Key Takeaways

  • Understanding intellectual property is essential to protect your invention legally.
  • Prior art search helps determine if your invention is novel.
  • Defensive publication can offer strategic protection when patents aren't ideal.
  • Filing a patent before any public disclosure preserves international patent rights.
  • Submitting your invention to companies or platforms requires a strategic, tailored approach.
  • NDAs and provisional patents offer early-stage legal protection when sharing ideas.
  • Several avenues exist to submit an invention—from direct licensing to invention submission companies.

Learning how to publish an invention involves claiming ownership of your intellectual property, protecting your rights, and keeping anyone else from claiming it as his or her own. The rules of elementary school apply: Do your homework, write your name on it, and turn it in. However, the process of publishing an invention is detailed and complex, so you must take care to avoid expensive errors in the process.

Understanding Intellectual Property

Protecting intellectual property (IP) rewards those who pursue innovation and those who invest in new inventions. However, protecting IP rights can have negative consequences for the market since it limits access to certain technologies. To achieve the delicate balance of access to innovation and protection of rights, inventors need to understand:

  • Traditional systems like patents, trade secrets, trademarks, and copyrights.
  • Other methods to preserve access to new developments.

Choosing the Right Protection Strategy

When considering how to submit an invention, one of the first decisions is how to protect it: with a patent, a trade secret, or a defensive publication. Each approach has distinct advantages depending on your commercialization goals.

  • Patent Protection: Grants exclusive rights for 20 years but involves costs and public disclosure.
  • Trade Secrets: Keep the invention confidential (ideal for formulas or internal processes) but offer no protection if the idea becomes public or is reverse-engineered.
  • Defensive Publication: Publicly shares the invention to prevent others from patenting it, which can be useful if exclusivity is not essential but you want to prevent patent trolls.

A legal professional can help assess which route aligns best with your business model and risk tolerance.

The Concept of Prior Art

In order to decide whether you should publish or patent your creation, you must be able to describe how your invention is useful, non-obvious, and new. Proving that it is new is the hardest part. This takes a great deal of research, an effort that goes far beyond an online search. You can use the United States Patent Database or a similar tool from another country. The more databases you check, the better. This step is critical because if your invention is not new, you can't claim ownership of it.

The definition of prior art involves more than patents. It can also include white papers, the results of a study, user guides, and presentations. You have to search thoroughly for any ideas that might affect your invention's "newness" and your ability to claim ownership of it. Even if you know where to look for prior art, you need to know how. The best way to search is a combination of keyword, natural language, and Boolean queries. Get creative for the most thorough results.

Once you've completed your search for prior art and found nothing that challenges the originality of your product or service, you're ready to complete the documents and submit them to protect your IP. When other inventors perform a prior art search of their own, you want them to find your creation and avoid treading on it. Taking the right legal steps under the guidance of a qualified professional lets you patent your invention correctly. Depending on where you apply, this will put your invention in a patent database.

Using Provisional Patent Applications Strategically

A provisional patent application can be a strategic step for inventors unsure about investing in a full patent. It provides a 12-month window to claim "patent pending" status, which can deter competitors and give you time to develop or test market your invention.

Benefits include:

  • Lower initial costs.
  • Flexibility to refine the invention.
  • Establishing an early filing date (important for "first to file" rights).

However, a provisional patent does not mature into a granted patent without filing a non-provisional application within the one-year deadline.

How to Submit Your Paper

You can defensively publish your paper in an accessible database that includes patented and nonpatented literature. Sometimes this process is faster and more affordable than over-patenting as it makes your idea easily discoverable and keeps others from claiming it as their own. A defensive publication typically includes:

  • The problem or need you have identified.
  • The new solution you have found.
  • The steps you will take for implementing your solution.
  • Calculations and illustrations to support your ideas.

Protecting Your Idea When Submitting It

Before submitting your invention, ensure you’ve taken steps to protect it. Consider the following protections:

  • Non-Disclosure Agreements (NDAs): When dealing with individual investors, consultants, or companies not using a formal submission process, an NDA helps safeguard your intellectual property.
  • Provisional Patent Filing: As discussed earlier, having a “patent pending” status before disclosure can secure your invention’s priority while you pursue further protection or licensing.
  • Detailed Records: Keep meticulous documentation of the invention process, including development stages, testing results, and dates.

These measures reduce the risk of idea theft and demonstrate professionalism to potential partners.

Where to Submit Your Invention

If you're wondering how to submit an invention beyond publishing, consider these practical pathways:

  1. Invention Submission Companies: These companies help package and pitch your idea to manufacturers or licensors. Research their reputation carefully to avoid scams.
  2. Direct Licensing to Companies: Identify companies that already sell products in your category. Tailor your pitch to demonstrate market demand and why your invention fills a gap.
  3. Online Submission Portals: Some companies like Procter & Gamble, Hasbro, and Unilever accept unsolicited inventions through online portals.
  4. Government and Nonprofit Innovation Programs: Organizations such as the Small Business Innovation Research (SBIR) program support early-stage inventors.

Always check submission requirements carefully. Many organizations require that your invention is already patented or patent-pending before consideration.

The Dangers of Seeking a Patent After Publication

In the United States, a patent application must be filed within one year after the date of any publication, known as the Bar date. Note that all foreign patent rights are lost if publication happens before the patent application, even by just one day. However, once the United States patent application is filed, international agreements establish a one-year period for filing foreign patent applications.

For this reason, it's usually wise to file a patent application before any publication. Going in this order, you can make a decision about whether foreign patent rights will be important to your project. In some fields, worldwide patent rights are very important. If it turns out that your invention cannot be patented, it's less likely to be eligible for licensing and monetization.

An invention is considered published if it forms "part of the state of the art." In the United States and most other countries, the state of the art is defined as "everything made available to even one member of the public anywhere in the world by means of a written or, visually displayed oral description, by use, or in any other way."

Approaching Companies About Your Invention

When reaching out to companies with your invention, presentation is everything. Here's how to increase your chances of success:

  • Do Your Homework: Learn about the company’s product lines, mission, and submission policies. Tailor your pitch accordingly.
  • Highlight the Market Opportunity: Companies are more interested in how your invention solves a real problem or meets consumer demand.
  • Keep It Simple: Start with a concise overview—don’t overwhelm them with complex data or unpolished prototypes.
  • Include Visual Aids: Diagrams, renders, or videos can help explain your idea more effectively.
  • Be Professional: Use a business-like tone, proper formatting, and grammar. This builds credibility.

Be prepared for rejection, and don't be discouraged—sometimes a no is just a "not yet."

Frequently Asked Questions

1. Do I need a patent before I submit my invention to a company? While not always required, having at least a provisional patent in place offers protection and credibility.

2. What is the safest way to submit my invention idea? Use a provisional patent, NDA, and documented submission process to ensure your intellectual property is secure.

3. Can I sell my invention without a patent? Yes, but it’s riskier. You can license or sell ideas without patents, but it leaves you more vulnerable to copycats.

4. What companies accept invention submissions? Major brands like Hasbro, Procter & Gamble, and Johnson & Johnson have online portals. Always verify requirements on their websites.

5. How long does it take to get a patent? A non-provisional patent application may take 1–3 years. A provisional patent gives you 12 months to refine and file.

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