What are the potential risks that companies face when using crowdsourcing to manage their IP such as patent search?

What are the potential risks that companies face when using crowdsourcing to manage their IP such as patent search?

Crowd Sourcing requires that whatever is being crowdsourced be described to excite your potential investors or to get their assistance.

If you are crowdsourcing to find prior art to invalidate a patent that you are currently infringing, you have in effect let a large pool of people know or suspect that you are infringing that patent. This could get back to the patent owner who will then carefully review your activities and potentially sue you when otherwise you would have gone unnoticed beneath their radar.

In the realms of getting funds from crowdsourcing to search your invention, your crowdsourcing disclosure could be enough to invalidate your patent. The reason is that by disclosing your invention before filing a patent application, you could be unintentionally invalidating the patent in many territories.

Mark Warburton About the author

The Intellectual Property Guru. His determination to protect innovation stems from a family legacy in which his grandfather, a genius inventor, had his innovations stolen and patented by someone he trusted, which led to his grandfather dying a pauper on a park bench. Mark is an international award winning lawyer and patent attorney and 3-time published author. His prowess in the court room sees him winning cases that others thought were unwinnable. Mark’s passion for protecting intellectual property shines through in his pro-bono legal mentoring, proactive legal workshops and 1-2-1 work with clients.