Legal Question in Business Law in California

I have an idea for an online idea, to I need to have it patented or copywritten before pursuing?


Asked on 11/21/10, 10:29 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

An idea for an idea? Like a meta-idea or the derivative of an idea? Ideas can't be copyrighted, so presumably neither can ideas for ideas. An idea for an idea might be patentable if the latter idea is for a new and useful improvement such as a machine, business process, chemical compound, or other patentable subject matter.

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Answered on 11/26/10, 10:37 pm
Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney I agree with the other attorney answer. Your online idea can't be copyrighted. Nor is it likely something that can be patented. Consult with a good business or franchise attorney in your area for specific advice.

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

Franchise Attorney

Franchise Foundations APC

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Answered on 11/27/10, 6:32 am
Daniel Bakondi The Law Office of Daniel Bakondi

I am familiar with the sale of ideas, as well as patent, trademark, copyright, business intangible property and trade sercret law. Please take a look at this page and contact me if interested:

http://www.danielbakondi.com/propose_sell_idea_to_a_company_lawyer.htm

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 11/27/10, 9:05 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Ideas cannot be patented or copyrighted. Patents are for inventions, not ideas. Copyrights are for original creative works, not ideas.

Ideas as such are difficult to protect. The best results are achieved by complete secrecy, limited secrecy coupled with nondisclosure agreements, and very, very careful disclosure only to very trustworthy individuals and entities.

The policy of the law is to protect individuals who successfully develop ideas into useful products and services, and not to reward people who think up something but are unable to turn it into something of demonstrated usefulness.

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Answered on 11/27/10, 9:58 pm


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