How to Protect Your Ideas Legally
First of all, you may be surprised to learn that you simply think that you are in the idea phase and that you actually have an invention without knowing it yet. U.S. patent laws don`t require you to have a prototype to file a patent, all that`s required is that you`re able to describe the invention so that others can make and use it. So, while you need some sort of identifiable manifestation, you can start by proving your concept on paper. A copyright grants you, as the owner, the right to assign, license or transfer the copyright to third parties. In addition, the power of copyright allows the owner to choose how the public perceives your work. There are several ways to legally protect your business ideas. The best option for you depends on the type of idea and what you want to do with it. Reviewing all options with a business lawyer to protect your business ideas will ensure you make the right decisions. Your design, creation or research work that contributes to its materialization, and even your knowledge of design should not even be published by yourself. A good way to secure your concept is to reveal only the necessary information.
When presenting a concept to a potential buyer, provide only the essential information to convey the concept. It is not essential to share all the elements of how your product works. An exception is if you`re targeting investors or lenders, who probably need to know everything about your product before investing in your business. If you need help protecting your idea, you can post your legal need on the UpCounsel marketplace. UpCounsel only accepts the top 5% of lawyers on its website. UpCounsel lawyers come from law schools such as Harvard Law and Yale Law and have an average of 14 years of legal experience, including working with or on behalf of companies such as Google, Menlo Ventures, and Airbnb. Ideas and work can be stolen if you don`t take steps to protect them. This applies in particular to concepts involving lucrative inventions, trade secrets or medical abstractions. If a bright and creative light bulb suddenly lights up your world in the middle of the night, consider one of these five ways to protect your idea. A trademark is a word, phrase or symbol (two-dimensional or three-dimensional) that identifies your product or service in the marketplace. Trademarks, such as patents, can be used creatively in your marketplace program. These examples show how a small business often sees its valuable ideas get carried away by its competitors – legally.
This will not happen if the entrepreneur understands the essential requirements for the protection of his rights before marketing a new product or embarking on a business. Even then, only the expression of the idea is protected. For example, there is no copyright to the idea of launching a social networking website, or to the rules and plot of a computer game – only computer code, graphics, sound, and layout can be protected by copyright. Note, however, that a provisional application takes 12 months, during which you must file the non-provisional application to complete your patent application procedure. The Patent Office does not grant renewals. It is, of course, obvious that an idea is an essential first step to any invention. Nothing can or will be done without an idea, so ideas are, in a sense, an essential and valuable part of the whole innovation equation. In themselves, however, ideas have no monetary value. Without an identifiable manifestation of the idea, there can be no protection of intellectual property and no exclusive rights will be granted.
Hi Gene – Thanks for another interesting article – I`m a big fan of yours and I agree with virtually everything written in the article, and with respect in this case, I`m sorry to say I`m disappointed with the way you phrased some of it. Basic requirements for the protection of your patent rights. Before consulting a patent attorney, you should not make public any information about the product or innovation, as public disclosure triggers various laws that can irrevocably lose rights. You should also have written documentation, signed by a witness, of each step in the making of your invention to prove that you are the actual inventor. If one of your employees is likely to be an inventor, you should have them sign agreements in advance that inventions developed for you in the course of their work belong to the company. Essential conditions for the protection of trademark rights: have a search carried out to determine whether the trademark is still available; obtain legal advice to verify whether the trademark can be registered; and learn how to use it properly to complement your property. I agree with you, because I know my way in the field – “often reading how others explain problems to improve my clarification to inventors, but putting us in the shoes of a so-called beginner to whom this article is addressed – I would wonder, among other things, about points such as “identifiable manifestation” – “innovation frontier” – “protection” and finally “a confidentiality agreement”. Don`t be paranoid – don`t gather a team of people you can`t trust with your concept. Official buyers can steal your thoughts; You want groups to execute the concept, not mere concepts (remember, a concept has no value, the work has value, and usually an employee offers such work). The question, “Can I trust you?” is not an iron answer. On a positive note, many people reveal secrets and techniques without having any dangerous intentions. By registering, the public is informed that you are the owner of the trademark.
The law assumes that it belongs to you and gives you the exclusive right to use the trademark for the goods or services specified in the application, which means that others cannot use a confusingly similar trademark. Timestamps are a great way to make sure your idea comes from a single source: you. Timestamp of this “bulb” as soon as possible. You can easily do the timestamp by sending yourself an email or text with the heart of your idea. If your idea requires a longer description, create a time-stamped document and save it to a specific file. The timestamp shows exactly when you thought of the idea and helps prove that you didn`t steal an idea that is already “floating” in cyberspace.
