Legal Question in Intellectual Property in California

Trade Secret or Intellectual Property

I have an idea I can draw and design on paper do I need to make it a trade secret or is it intellectual property or do I need to copyright the blueprint? I am sooo confused if you could please advise me. I would want to take my idea and design to a potential buyer. Thanks in advance.


Asked on 1/04/01, 9:05 pm

2 Answers from Attorneys

Francis Doherty Doherty Georgeson & Kerley LLP

Re: Trade Secret or Intellectual Property

You must first determine whether your work product is subject to registration for copyright, patent or trademark. For example, a user may register a trademark to identify a source of goods or services; an inventor to register a patent to protect any useful, non-obvious, novel application of an idea. For copyright protection, an author is protected as soon as a work is recorded in some concrete way, since the Act protects all expressions upon fixation in a tangible medium. 17 U.S.C.A. section 203(a)(b)(d) I must have additional information about your idea to be of further assistance.

Francis Doherty

415 453-2300

[email protected]

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Answered on 1/05/01, 1:01 pm

Re: Trade Secret or Intellectual Property

It depends upon your idea. Is it a product in which case possibly subject to patent protection. Is it an original work that is subject to copyright protection? Is it an idea that cannot be protected other than a trade secret which means you have to take steps to prevent disclosure to others outside your "company". Is it an idea that you would present to one or more companies for them to exploit, in which case you would want to obtain non-disclosure agreement from them before presenting your idea.

You need to have a consultation with an attorney to discuss this. The information disclosed to the attorney needs to be within the confines of the attorney-client privilege so that there is no loss protection for you.

I would be happy to speak with you about your idea. Caleb Donner 805-494-6557.

email: [email protected]

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Answered on 1/05/01, 1:28 pm


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