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	Business Counsel FAQs How can I be sure that an attorney or agent will keep my idea confidential? The professional responsibility rules of the United States Patent & Trademark Office and each state strictly prohibit attorneys from revealing a client's confidential information. Violation of this responsibility would likely mean that the attorney could be disbarred, sued, and prosecuted. If you have concerns about confidentiality you may call the USPTO's Office of Enrollment and Discipline at (703) 305-9104. The patent searchers and technical artists working with McKenna McGovern Burkhart are experienced patent professionals with whom we have longstanding relationships and strict confidentiality agreements. Their livelihoods depend on their integrity. back to top Why should I protect my invention? Some inventors attempt to obtain financial backing or even sell their invention before filing a patent application. However, this can be risky and potentially subject you to lawsuits and loss of your right to patent your invention. You are in the strongest position if you have an application on file before you approach a potential buyer or licensee and make a disclosure about your invention. back to top Once I have applied for a patent, how do I get my invention to market? Your basic choices are: do it yourself, license to one or more manufacturers, or sell your rights completely. Doing it yourself means taking on all of the risk and responsibility of manufacturing or outsourcing, quality assurance and marketing. If all goes well, you make the most money this way, but if business is poor, you can lose your shirt. Many inventors prefer to license their inventions to existing manufacturers. Licensing allows you to retain ownership of your invention while others take the risks of manufacturing and marketing. Usually, you get a royalty on what they sell. Although licensing deals can be configured in an almost endless number of ways, we can help to negotiate an agreement with terms favorable to you. Licensing generally offers much lower risk with a somewhat smaller potential reward. Complete sale of rights usually gets you more money upfront than licensing and if the invention is poorly marketed, you suffer no loss. However, if the invention does well, you gain nothing more. Complete sale might or might not be the best for you. Some people choose this option simply because they want to get as much money out as quickly as possible, so they can move on to the next project without having to keep track of licensees. back to top When should I begin to market my idea? Our advice with respect to patents, trademarks and copyrights is distinct. Generally with a patent you should wait until the patent application is approved because protection from a patent does not arise until the patent actually issues. With trademarks, on the other hand, you acquire rights upon first use, so use of your mark should go forward after the availability search is completed. It is best to make public your copyrighted material after a registration has been filed. back to top How should I go about marketing an invention? As we have with other clients, we can assist you with thinking through the opportunities that exit when you are ready to go to market. back to top Should you sell or license your product or should you manufacture it yourself? Thoughtful consideration to the possibilities, benefits, commitments and rewards need to be determined so that efficient results can be obtained. Our office provides the advice and counsel you need in order to better succeed. back to top If you have further questions, please contact our office. > Patent > Trademark > Copyright		Frequently Asked Questions How can I be sure that an attorney or agent will keep my idea confidential? Why should I protect my invention? Once I have applied for a patent, how do I get my invention to market? When should I begin to market my idea? How should I go about marketing an invention? Should you sell or license your product or should you manufacture it yourself?