Legal Question in Intellectual Property in Nebraska

I have an idea for a product. Should I have it patent before telling an invention company about it?


Asked on 11/14/09, 6:10 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Your answer really depends on how sensitive you are to risk. Patents are not cheap commodities: you're talking about expending possibly tens of thousands of dollars before you see any real return on your investment.

IF the product is something that fills an unmet need in the marketplace and IF the product would be easy to reverse-engineer or copy, you should consider patent protection.

Certainly you should consider having a non-competition and non-disclosure agreement in place with anyone to whom you disclose your invention before you file a patent application on it, and even after you file the application.

To find a patent attorney or agent (a non-attorney who is admitted to practice before the US Patent & Trademark Office), visit https://oedci.uspto.gov/OEDCI/ and enter the name of the nearest good-sized city and state in the appropriate fields. Do NOT fall for the late-night television thing where the infomercial promises you all kinds of money (it's a scam; see www.uspto.gov/web/offices/com/iip/documents/scamprevent.pdf ). Go with a real patent attorney or agent.

I'm a patent attorney and would be happy to help you. Patent attorneys often work with clients over vast distances (such as the distance between eastern New York State and Nebraska). Feel free to contact me if you'd like.

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Answered on 11/22/09, 12:28 pm


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