Legal Question in Intellectual Property in Kentucky

I have an idea that I would like to share with a un-named company and this is what they have told me. "As you consider submitting your non-confidential innovation to ____ Company, please know that you may want to talk to an attorney to understand what proprietary rights you may have. While you don�t need a patent or copyright protection on your innovation, discussing it with us could affect your rights."

What steps do I need to take, who do I need to talk to, and roughly how much would this cost me in legal fees?

Thanks so much!


Asked on 1/26/11, 12:13 pm

2 Answers from Attorneys

James Smedley Sigma Law Group LLC

Disclosure of your invention to the company without (i) having a non-disclosure agreement in place or (ii) having previously filed for a patent on your invention may impact your ability to later protect the invention.

In the US, for instance, you are given one year from the date of public disclosure of your invention to file for a patent on that invention. In much of the rest of the world, you immediately lose the ability to patent your invention if no patent application was filed prior to public disclosure.

The cost of a patent application varies greatly, depending on the field of the invention and the type of application to be filed.

If you wish to properly protect your invention and any intellectual property rights you may have in the invention, it is highly recommended that you speak to a registered patent attorney.

If you would like, we provide a free document outlining the basics of the patent process. Please do not hesitate to contact us if you would like a copy of this document.

Kind regards,

James Michael Smedley, Esq.

Managing Member

The Sigma Law Group LLC

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Answered on 1/27/11, 3:25 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. Don't sign their form; it will cause you to forfeit any rights you have to your idea. The way to protect yourself is using a well-worded NDA (Nondisclosure Agreement). Patents are costly, take years and have a very high dismissal rate if ever challenged. 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 Foundations, a Professional Corporation

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Answered on 1/29/11, 12:16 pm


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