Legal Question in Intellectual Property in California

i have an invention i do not have a patent, can i safely sell it to a company?


Asked on 6/29/10, 8:29 am

3 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any attorney will say a review of all facts, documents, etc. regarding your invention is required. This is not a simple bulletin board type question. Just about anything can be sold if there is a meeting of the minds between a buyer and seller. The problem is the company will want details about your invention before anything gets serious. Too much detail and they suddenly have all they need without paying you. Using an NDA and the right approach may help. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/29/10, 11:49 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you get paid every nickel you expect, in cash, and don't want future royalties, sure, why not?

Seriously, though, the world of big deals runs by sets of rules. These include the patent laws, the terms and conditions of lawyer-written NDAs, and agreements that go well beyond non-disclosure and cover usurpation of an idea whether there is disclosure or not.

Also, you will get a lot of free protection from getting shafted by dealing only with persons and companies of known integrity. Not foolproof, but affords some measure of protection.

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Answered on 6/29/10, 3:32 pm
Quinn Johnson, Esq. Johnson PC, Attorneys at Law

One of the ways to protect your inventive concept, particularly if you intend to pitch your idea to companies, is to file for a provisional application for patent registration with the U.S. Patent and Trademark Office.

Feel free to contact me or any of our experienced Intellectual Property attorneys to draft and file your provisional application for patent.

COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.

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Answered on 7/02/10, 6:01 pm


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