Invalidating a european patent


An NDA can protect you by documenting someone's promise not to use or pass on information about your idea.Anyone who breaks the terms of an NDA risks legal action.UDR arises automatically when the design is created, but you should follow the same ‘sealed envelope' procedure described above for copyright to provide yourself with evidence of a priority date.This is because you can only take legal action against someone when you can prove that they must have copied your design, rather than made something similar by coincidence.NDAs can help to protect you at every stage of the development of your idea - no matter what other forms of IPR you have, and even long after your invention is on the market.You can find many free examples of NDAs on the internet.Many large companies take the view that NDAs only have a use when they are seriously interested in an idea. (To overcome this problem, train yourself to communicate the business benefits of your idea without disclosing its novel aspects.) NDAs are widely used in all forms of business, so you should certainly consider using them yourself.



The same criteria apply as for UDR: to be validly registered the design must be new, have ‘individual character' and be the result of a ‘freedom' of design.But a vehicle brake pad can only have one shape if it is to fit in the brake callipers.It therefore has no design ‘freedom' and so no protection.In addition, NDAs can only restrain others from disclosing or exploiting specific and unique secrets which they get only from you.



Invalidating a european patent comments


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