Is it true that patenting an idea is risky because the ideas often get stolen when applied for?

Question

I heard that there are leeches that watch the patent office applications and steal good ideas, rush them through development, and get them patented before the "average joe" can. They apparently have the money and connections to do this. What can I do to avoid this? I have a great idea but little funding.

Answer 1

The problems are disclosure and costs of enforcement.

If you file a patent in the US, it does not become public for a period of time (one year I think) and then it could be seen by others, who could use the idea. However, if your patent is ultimately issued, you would be able to proceed against persons using your patented idea for infringement.

This situation leads some people to conclude that it is better to try to protect a new idea as a trade secret, and simply keep it secret, rather than try to patent it, because they do not want it ripped off in the US or in other countries, once the patent application is published. This may work well for a process or some other idea that is not discoverable or subject to reverse engineering by use or purchase of the product in question.

The second problem is enforcement. Assuming you do go the patent route, and then want to enforce an issued patent in the future against infringers, you will discover that this requires a lawyer and the investment of a lot of legal fees to enforce and protect your rights.

If the idea is good enough, you may be able to get investors or backers who will provide sufficient cash to properly file for and prosecute your patent application in all jurisdictions that matter, and provide the funding to enforce any patent against infringers, if the patent is ultimately granted. In the US the time from filing until grant can equal or exceed three years.

Answer 2

I think your fears are not quite on track, BUT they are not quite wrong either.

If you file a patent that is poorly written, you may leave areas open to patent by other people. They can look at your idea, find a better or at least a different way past the patent, and then file their own patent.

The best way to avoid this is to use a competent patent attorney
to file your patent.

Some people establish prior art situations and do not patent at all. This is risky, but it can give you a position to continue doing what you were doing even if someone else patents your idea, and it does not signal your idea to a competitor.

Many of the patents that are filed and granted are rubbish...The patent offices cannot patrol them adequately, so you will find things patented that do not work at all, that deal with processes or situations which have already been patented or are in the public domain, etc. These junk patents often hold up unless they are challenged.

Answer 3

hmmm, that sounds like it would suck if it happened to you. screw them if thats true. Wish i could help man, just fill out the paperwork and hope that no one steals it.