Do I have to protect my invention before I can use it?
No. Whether or not you have a patent, you are free to exploit your invention, though only if no one else already has patent rights in it. However, if you do not have a patent it can be very hard to stop other people copying your invention. That said, having a patent does not automatically give you the right to use your invention.
Are there reasons for not patenting an invention?
- Not all IP is patentable, and some IP is better protected in other ways - for example by the copyright that exists in a sound recording or in a work of art
- A patent application is published by the patent office at 18 months - so patenting your invention means you will not be able to keep it secret
- A published patent can be an invitation for others to challenge your application, or perhaps even to use it without your knowledge or permission
- Patenting is costly, and it may be that your invention will not generate enough income to warrant the expense. In that case you may want to consider other ways of protecting your ideas.
