Confidentially is at the very essence of attorney work. The patent legislation is based on the idea of “first to file” principle meaning that the applicant first to file a patent application for a certain invention has the rights to that invention. The invention must be novel which means that it cannot be disclosed in any known prior art document. For these reasons it is essential that the applicant and the inventor are the first to file the application before it is publicly disclosed to anyone. Thus clients presenting their inventions to the attorney must be able to rely on the fact that the attorney is on their side.
It is not that uncommon that the inventor hesitates to reveal the invention even to the attorney. However, this absolutely necessary in order for the attorney to be able to assist the client.
Attorney-client confidentiality
The title “patent attorney” cannot be used by just anyone. The title is defined in law and a person using this title must be registered in the record of patent attorneys governed by the Finnish Patent and Registration Office (PRH). Any attorney listed in this register must comply with the requirements to be included in the list. The list of requirements includes an academic degree, work experience as a trainee, and for new attorney, also the passing of qualification exam. The patent attorney is also bound by law to the confidentiality in all matters disclosed by the client. Therefore, inventions can be disclosed to the attorney with no risk.
How do patent offices ensure confidentiality?
Patent offices worldwide take several measures to ensure the confidentiality of patent applications and the related information. Legal frameworks form the bedrock of these measures, mandating strict privacy protocols that safeguard intellectual property security. In Finland, for example, the Patent and Registration Office adheres to stringent privacy regulations, ensuring that sensitive data is protected from unauthorized access.
Technological safeguards are also integral to maintaining patent confidentiality. Patent offices employ advanced encryption technologies and secure databases to keep application information safe from cyber threats. Furthermore, employee training is a critical component.
Why is confidentiality important in patent processes?
The significance of confidentiality in the patent application process cannot be overstated. Maintaining confidentiality is crucial to prevent the premature disclosure of inventions, which could result in the loss of intellectual property rights. Once an invention is publicly disclosed, its novelty—and therefore its patentability—can be compromised.
Moreover, breaches of confidentiality can lead to competitive disadvantages. Competitors gaining access to sensitive information could replicate or improve upon an invention, undermining the original inventor’s competitive edge. Therefore, ensuring robust patent protection through confidentiality is essential for safeguarding innovations and their market potential.
What are the common challenges in maintaining patent confidentiality?
Patent offices face several challenges in upholding confidentiality. Cyber threats are a significant concern, as hackers continuously develop sophisticated methods to breach secure systems. Therefore, patent offices must stay ahead by implementing the latest cybersecurity measures.
Insider risks also pose threats to confidentiality. Employees with access to sensitive information might inadvertently or deliberately leak information. This is why comprehensive employee training and stringent access controls are essential. Additionally, complexities in international patent applications can complicate confidentiality efforts, as aligning different countries’ privacy standards is often challenging.
How can inventors protect their intellectual property?
The best policy is to file a patent application. We often face startup companies and private persons seeking to start a business around an inventive concept. The desire to start marketing and testing of the inventive concept is high. The implementation of a prototype may require disclosing at least part of the invention to subcontractors which may be risky. One strategy is to use non-disclosure agreements (NDAs) when discussing their invention with potential business partners or collaborators. NDAs legally bind the parties to maintain confidentiality, offering an additional layer of protection. However, NDAs may be expensive to draft, take time and may even freeze the discussions between collaborators as they do not wish to sign such papers without reviewing them carefully. In those cases an early filed patent application is the best policy as the right to the invention is already established by the filing of the patent application prior the negotiations and disclosure to the collaborator.
Working with trusted patent attorneys, such as those at Kespat, is also essential. Experienced professionals can navigate the complexities of patent law and ensure that applications are filed correctly and confidentially. Our services include advising clients on the best practices for protecting their intellectual property throughout the patenting process.
At Kespat, we understand the critical importance of confidentiality in protecting your innovations. Our team of expert European patent attorneys is dedicated to safeguarding your intellectual property both in Finland and internationally. For more information about our services, please visit our website and contact us to see how we can assist with your intellectual property needs.