What are the guarantees of secrecy in the months following the filing of a patent?
There can be infringement towards a patent application only after is been published, which usually is 18 months after filing it, unless the public’s advanced accessibility is requested, after 90 days. During this secrecy’s period caution must be taken when contacting companies, always make then underwrite a “no disclosure agreement” or secrecy letters, in order to avoid their denials of having had any notice of the existence of the patent.
If during this period someone copies the patent, it is possible to stop him by following a very particular procedure. It is essential to bear in mind that counterfeiting during the period of secrecy is considered licit, therefore the plagiarism could only be stopped from the time the patent becomes public, and any related compensation can only be requested from that moment.