But can a patent be stolen?
A patent itself cannot be “stolen” like a physical object.
It is a legal right, not a material asset.
What can be stolen is the invention or technology protected by the patent, by violating the rights of the inventor or patent holder. This is called counterfeiting (in English, patent infringement).
What does “stealing a patent” mean?
If by “stealing a patent” you mean:
① Using the invention without permission
Example: producing, selling, or using a patented product without a license → this is illegal.
It is called patent infringement.
Consequences:
- damages
- production stoppage (court injunction)
- in severe cases, even criminal charges in some countries
② Registering someone else’s idea as your own
Example: someone takes your secret idea and files the patent in their name → this is theft of know-how or fraud.
If you can prove the idea is yours, you can:
- file an opposition to the filed patent
- request the nullification of the stolen patent
In many countries, the law protects the true inventor (e.g., in Italy, Art. 62 of the Industrial Property Code).
③ Copying an already published patent
A patent is public → anyone can read it.
But you cannot manufacture or sell what is patented if the patent is still valid.
Copying a patent is not “theft” of a document, but a violation of the exclusive economic rights.
And if the patent has expired?
After 20 years (or less, depending on the type of patent), the patent expires.
The invention enters the public domain → anyone can use it.
So, there is nothing left to “steal.”
In summary
A patent cannot be stolen like a physical object.
But one can:
- Violate it → manufacture or sell without a license = infringement
- Usurp it → file a patent on someone else’s idea = fraud
The law always protects the rightful owner of the invention.
Curious to learn more? I also explore this topic in The Beat of Rigel, where the law finds itself dealing with a very unlikely patent thief.
Corrado Maggi
15.07.25