i-DEPOT vs. patent: which do you choose to protect your idea?
In a series of blog posts, Marco Coolen gives an insight into his work as a Dutch and European patent attorney at AOMB.
Published on December 15, 2024
After having graduated from his study at the TU/e Eindhoven in 1998, Marco entered into service at Philips. In 2003, he successfully finished his MBA, after which he filled different technical and commercial management positions at Philips and Océ. Since September 2013, he has been working at AOMB as a patent attorney. He is registered as a Dutch and European Patent attorney since 2017. On IO+, he shares his knowledge on the world of patents. How do they work, why are they important, but also: when do they lose their usefulness?
Suppose you have a brilliant idea or an innovative invention. How do you make sure it stays yours? Many people consider an i-DEPOT a cheap and easy way to record their creations. But what does an i-DEPOT really protect? And how is it different from a patent? Let's take a closer look at that.
What is an i-DEPOT?
You can think of an i-DEPOT as a digital safe. It allows you to prove that you had an idea or creation on a specific date. This can be useful in disputes, for example, if you need to prove that you had an idea before someone else did. But here's the rub: an i-DEPOT offers no protection against others using your idea or creation. It is purely a piece of evidence, not a legal means of protection.
The World of Patents
With the help of Dutch and European patent attorney Marco Coolen (AOMB) we get a better understanding of the world of patents. How do they work, why are they important, but also: when do they lose their usefulness?
View The World of Patents SeriesWhat is a patent?
A patent, on the other hand, goes much further. A granted patent gives you the exclusive rights to your invention. This means you can prohibit others from making, using, or selling your invention. It is a powerful legal tool that allows you to prove that you have an idea and take action against infringing your rights.
So, the difference between an i-DEPOT and a patent is in the legal protection. An i-DEPOT does not give you exclusive rights, whereas a patent does.
The race to the patent application
An important aspect to understand is that patents are granted to the first person to apply, not the person who first had the idea and kept it secret. So, even if you have an i-DEPOT that proves that your idea predates someone else's application, it is of little use to you. If someone else applies for a patent for your idea earlier, you are simply too late. Your i-DEPOT cannot stop the grant of that patent.
This clarifies the importance of promptly patenting an invention if you want legal protection. It can distinguish between successfully protecting your innovation and losing the rights to your idea.
When do you opt for an i-DEPOT?
An i-DEPOT can be helpful if you have an idea you do not want to patent (yet), for example, because the idea is still in the development phase. An i-DEPOT can be a practical intermediate step but is not a final destination. It can also be helpful as a supplement, for example, to support collaborations with third parties by showing that you had the idea before. But it is not a substitute for a patent.
In short, an i-DEPOT is a low-threshold way to record your idea, but it does not offer legal protection. If you really want to protect your innovation, a patent is the only way to obtain exclusive rights. The investment and effort involved in a patent often outweigh the protection and security it provides.