Copyright of ideas????

[Wahine]

So, I have an idea and it's a good one. I've never really thought about doing anything with it because I have no idea how to make my idea actually turn into a product that can be sold to people. And since I have zero skills in making things that involve fabric, stitching and special materials... I haven't pursued the idea much independently.

Yesterday at our local coffee shop I ran into a good friend who introduced me to the man she was having coffee with. Turns out that he develops ergonomic devices for the healthcare industry... he is exactly the kind of person I need to help make my idea a reality. We talked about it a bit and he was quite excited about discussing it further and seeing if we could come up with a design.

So here's my question. Before I start drawing pictures and giving out details... how do I protect myself from having my idea "stolen". It seems like such a weird thing to worry about but I really think that this is a great idea and I don't want to give it away.

Thanks in advance for any advice.

[jobob]

Hi Wahine -

Your best bet is to write up your ideas, using diagrams etc, and then sign and date the document. If it's on multiple pages, make sure to sign & date each page.

Then, have someone who has read and understands your idea sign and date the document (that is, witness it). Your witness should not be a family member or someone you're intimate with, however a friend or colleague would be a good choice.

It wouldn't be a bad idea to have that witness' signature notarized as well. All the notary is doing is verifying that the witness is signing on that date, the notary doesn't have to understand the idea.

This blog post describes the process and the underlying rationale for preparing an invention disclosure. I know it all sounds anal, but if you're really concerned about it, it might be worth it.

(PS - I'm not an attorney and I'm not giving legal advice)

[jobob]

Oh, and in that document, also put down when you met the guy and what exactly you discussed with him in that initial meeting.

[Wahine]

Thank you Jobob!! I've started working on it already.

The device I want to develop has applications in healthcare and the running industry. I'm suddenly very excited about it and definitely want to protect my interest in it's development. I'm going to be as anal as I need to be.

Thanks again.

[shootingstar]

Best of luck Wahine.

Got any lawyer friend you know to bring along later/soon? Make you sure when you register the patent, it's under your name unless there's another contract agreement written between yourself and the guy, ie. you both form and register a company name.

Even my partner was toying with a business concept and whether or not to register it...

He's an engineer by training, so quite familiar with concept of patents and trademarks.

[jobob]

You don't register a patent, you file a patent application.

There's a whole bunch of stuff that goes into this, especially if the gentleman's company wants to patent Wahine's invention and/or market it.

And your right, if it gets to that point she will need representation.

But this is good for starters.

- jobob
a Patent Agent registered to practice before the United States Patent & Trademark Office (USPTO Reg. No. 42,995).

[BleeckerSt_Girl]

- jobob
a Patent Agent registered to practice before the United States Patent & Trademark Office (USPTO Reg. No. 42,995).

I didn't know that about you JoBob.
I am drawing up some patent application illustrations right as I'm typing this- I'm a patent application illustrator for a living!

And yes, can't confuse copyrights with invention patents.
Wahine- might be a good idea to talk to a patent attorney and learn about the process and about your rights before thinking about working with any manufacturers or splitting your rights to the invention with someone else who 'wants to help make it happen'. Not that it's bad to work with others to make an invention happen, but you should know what your options are first and how they will effect you.

[jobob]

I didn't know that about you JoBob.
I am drawing up some patent application illustrations right as I'm typing this- I'm a patent application illustrator for a living!

We've talked about that before, many moons ago. Have another eggnog.

[BleeckerSt_Girl]

We've talked about that before, many moons ago. Have another eggnog.

Heck, I can't remember back that far, and eggnog's got nothin' to do with it!

[Trek420]

Not a lawyer, not an engineer .... just an artist who's been ripped off one time too many.

A simple way to build a paper trail right now is put everything you have drawn, written, saved on your pc, written on napkins that has dates and stuff pack it all in an envelope and send it from yourself to yourself.

Then retain that with the postmarks unopened for your files. Don't open it unless you have to open it at the trial because someone overheard you over coffee and ran with the idea first.

Other than that nothing to add but good luck and do what jobob sed.

And don't give out details, even to us till it's rock solid protected.

[jobob]

Trek, if you look at the link I provided to Wahine, it will explain why mailing stuff to yourself is not a good way to protect your ideas.

[Wahine]

Jobob - that blog post is super helpful.

I've got my device purpose and detailed description written up. Diagrams are drawn. Now I'm going to journal my conversation with Developer Dude. Tomorrow I will get everything understood and signed by my colleague at work, then notorized and off I go to see if I can make it become a reality. From the sounds of it I should probably apply for a provisional patent as well...

This is exciting.

[Trek420]

Agent Jobob ~ Aw shucks So much for my plan to mail empty envelopes to myself, steam it open and insert my invention of .... post-its and the paper clip!

[jobob]

Sorry Trek.

My work here is done. Now I'm off for a ride.

Sekret Agent Jobob