Legal Question in Intellectual Property in Florida

If I send an idea for a tool company to see if they can make it. is my idea safe?

Asked on 7/11/18, 8:48 am

1 Answer from Attorneys

Mark Torche Patwrite Law

You have several options to try to protect yourself from someone taking your invention without compensation to you. They are not mutually exclusive and you can do both for maximum protection.

1. Have them sign a non-disclosure agreement (NDA). While there are many examples of NDAs available for free or a small fee and these may be acceptable to you, I would be careful to note that NDAs are state specific and the maximum protection comes from consulting an attorney that specializes in creating NDAs to ensure that you are protected. Also, many companies refuse to sign NDAs as a matter of standard policy.

2. Apply for a patent. This will give you patent pending status. This is a legal status that puts the public on notice that you have filed a patent application but it does not allow you to sue for infringement until and unless you actually get an issued patent (this can take several years.) Again, for maximum protection, I suggest you contact an patent attorney or agent to file an application for you.

Best of luck with your invention.

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Answered on 7/11/18, 9:24 am

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