Legal Question in Intellectual Property in Washington

How do I "protect" an idea while determining its viability?

I thought of a product which, I believe, would be highly marketable. It can probably be manufactured using technology which already exists, although it is possible that some modifications of existing technology might have to be made.

I fear that in gathering facts, and talking to experts and companies which could manufacture parts of the product, or the product as a whole, my idea would be be taken from me and used without any compensation to me. What can I do to protect my idea while I work to determine its financial viability; negotiate to have prototypes produced; and then start the ongoing production and marketing process?


Asked on 3/16/98, 6:04 pm

1 Answer from Attorneys
Thomas Workman Law Offices of Thomas Workman

Patents protect ideas

In general, to protect an idea you need a Patent. To protect the expression of an idea, you need a copyright.

In the United States, there is a provision in the law that prohibits an inventor from patenting an idea if it has been "disclosed" a year or more prior to making an application for a patent. It is very important for you to have a written log of your invention activities. Big companies assign "Engineering Notebooks" which are nicely bound with numbered pages and leather bindings. You don't need the leather, but it is very important that you have a bound notebook (not one where you can add pages), and to date each and every page, so as to be able to prove that you invented this idea first. The US is one of the few countries that awards a patent to the first to invent (as opposed to the first to file a patent in the patent office). If you have been talking with people on the outside for more than a year, you may have already lost your right to patent the idea. The one year is absolute, and if you apply for a patent anyway, you could end up losing your patent in a very expensive lawsuit, and possibly paying the other parties legal fees. It takes months to properly prepare a patent application. See a patent attorney, and soon. The cost for a patent ranges from $3,000 to $10,000, and can be a lot more for very complex inventions.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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Answered on 3/23/98, 7:59 pm


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