When is it better not to patent? Getting patents rights in the entire world is very expensive (5k€ filing in one country towards 400k€ filing + maintenance in 10 countries). Patent Cooperation Treaty allows to get an extra protection in all the world for 18 months, then it will be necessary to choose the countries for protection (cost estimation for PCT: 4-6k€).
Cost example: European Patent cost for all European countries: Validation: aprox 9k€. Maintenance (form year 5 to 20): 450 k€.
- 1st Reason not to file a patent: The product will not make you more money than the patent cost. That means that it is necessary to have a business idea of your product and technology/market area.
- 2nd Reason not to patent: Lack of ability to detect infringement.
- 3rd Reason to consider before patenting: Ease of invention around the proposed claims.
- 4th Reason: Budget
Alternatives to patent applications for protecting your invention:
Keep it secret: use properly NDA (Non Disclosure Agreement).It is not necessary with people whose professions require them to keep confidentiality when dealing with clients as lawyers, IP agents etc. But special car must be taken with experts on the field even with NDA signed. Violation of the agreement generally carries the possibility of heavy financial penalties.
Registering the invention in a notary doesn’t grant any right. It only can be useful as a evidence of an NDA infringement.
Trade Secret: Is a technology, know-how, process or any information that represents for business a competitive advantage over competitors or customers. Legal protections include non-disclosure agreements (NDA) and non-compete clauses (for employees) and legal penalties if the trade secret is acquired by improper means (industrial espionage).