Ideas - How to Protect Them

[Robbie]

I've generated some ideas with lots of potential, however I fear building a team seems like a way that the ideas could be copied and pirated by others. It's also next to impossible to do everything on my own. Is there a way to possibly "patent" ideas? Thanks for answering my very n00b question

Robbie

[Zafar Ahmed]

You can use a confidentiality Agreement (NDA)with the people you want to share the idea with, they then promisenot to use your idea without your permission as per the NDA.

[JLeezer]

The best advice I can give: be wary of who you give information to and just how much information they are given. A Non-Disclosure Agreement (NDA) is usually not helpful unless you are an established business with credibility and money.

Determine how your company will improve the current offerings in the industry, then keep those somewhat to yourself. Treat others on a need to know basis, but don't become overly protective of the idea.

[BrianLowell]

A Non-Disclosure Agreement is one of the best ways that I know of. Just make sure you can pull through with a penalty or legal fine if they start spreading your information publicly around the web or so forth. Also make sure to have them sign it (not just print their name there). If you know them in person this helps a lot, if not scan / email / sign then scan / email back.

Hope this helps.

Regards,
- Brian Lowell

[BusinessAdviser]

A NDA still would likely not protect. Sure, you might be protected from the individual telling others of your idea, but not from the individual taking off on their own with a similar business. You need a Noncompete Agreement for that, and even still, you face a long and expensive battle to try to enforce either.

[picturelady1959]

I have an idea for a business but am unsure how to research the idea as I am in a rather small town and have seen nothing similar to this in my State. I have researched potential customers as I would cater to a specific type of business owner. How do I figure out who might actually use the business?

[Nigami Enterprise]

With a patent its not wether you can afford the patent it’s wether you can afford to protect your patent.

Lot’s of inventors and such can afford the initial patent stages but they don’t realise that a patent doesn’t provide you with protection it provides you with a legal right to protect your product. If anyone does infringe on your patent you are still going to have to take it to court and pay all the legal fee’s ect which can be well into the $100,000’s +.

I believe that your better of using NDA’s and similar forms which really don’t offer you much protection but give you a bit of piece of mind.

Spend your money on building a brand name and protecting it.

At the end of the day you have to think is it that bad having competition and just because somebody copied your idea doesn’t mean your idea won’t succeed

It’s the ideas for the idea that will make it successful.

[ron komorowski]

With a patent its not wether you can afford the patent it’s wether you can afford to protect your patent.

Lot’s of inventors and such can afford the initial patent stages but they don’t realise that a patent doesn’t provide you with protection it provides you with a legal right to protect your product. If anyone does infringe on your patent you are still going to have to take it to court and pay all the legal fee’s ect which can be well into the $100,000’s +.

I believe that your better of using NDA’s and similar forms which really don’t offer you much protection but give you a bit of piece of mind.

Spend your money on building a brand name and protecting it.

At the end of the day you have to think is it that bad having competition and just because somebody copied your idea doesn’t mean your idea won’t succeed

It’s the ideas for the idea that will make it successful.

Hello! Some things you said here are VERY smart and true such as branding which is more important than anything. Just think of Coca-Cola, Band Aid, Scotch Tape.

You are wrong about patents. I have a pile of lawyers that LOVE to work on contingency because they make more money. If a company takes your idea you have two options if you don't have the money to defend. Team up with their competitor and get them to back up your fight or hire a lawyer on contingency.

There is another way. Defend yourself. Two friends of mine beat Fortune 500 companies in an infringement case where they represented themselves. They are sharp...but they did it.

Also, filing a patent shows SERIOUSNESS and you see VALUE in your idea. Even if you think it won't issue sometimes you should file anyway to show all you are SERIOUS.

You are right about ideas though. Just because you can't get a patent does not mean much. Staying ahead of the race and establishing your trademark should do the trick.

Trust my advice, I am doing it worldwide using the advice I state here. Last..I don't think NDAs are stronger than a paper airplane you could make out of them. What is strong is when you ask for one signed it shows you try to keep secret and again, your SERIOUSNESS clutching and trying to protect your concept. Good luck!

Ron Komorowski
Inventor of Handi-Straps
Handi Straps Lifting System Home

[Nigami Enterprise]

Hello! Some things you said here are VERY smart and true such as branding which is more important than anything. Just think of Coca-Cola, Band Aid, Scotch Tape.

You are wrong about patents. I have a pile of lawyers that LOVE to work on contingency because they make more money. If a company takes your idea you have two options if you don't have the money to defend. Team up with their competitor and get them to back up your fight or hire a lawyer on contingency.

There is another way. Defend yourself. Two friends of mine beat Fortune 500 companies in an infringement case where they represented themselves. They are sharp...but they did it.

Also, filing a patent shows SERIOUSNESS and you see VALUE in your idea. Even if you think it won't issue sometimes you should file anyway to show all you are SERIOUS.

You are right about ideas though. Just because you can't get a patent does not mean much. Staying ahead of the race and establishing your trademark should do the trick.

Trust my advice, I am doing it worldwide using the advice I state here. Last..I don't think NDAs are stronger than a paper airplane you could make out of them. What is strong is when you ask for one signed it shows you try to keep secret and again, your SERIOUSNESS clutching and trying to protect your concept. Good luck!

Ron Komorowski
Inventor of Handi-Straps
Handi Straps Lifting System Home

I think it also depends on the idea. You can’t just put every idea into the same box. I have said it before and I will say it again, Not all inventions need patents to be successful.

I think some inventors concentrate too much on the actually patent more then the product.

I’m not going to argue that you won’t be able to find lawyers that will work for free ect. But the problem is the lawyer isn’t interested if your product will succeed or not they are interested in winning the court case at hand and taking their large fee if it was on a contingency bases.

It’s not so much the monetary value of going through a legal battle that always kills an invention, I believe the biggest killer is the time spent in the courts fighting the battle rather then getting out their and selling the product.

I have seen many inventors take a company to court and successfully win after a few years. Only to loose their motivation for the product and unfortunately it fails.

If you can get the mentality that customers want to buy your brand rather then your product then you’re on the right road.

Just out of curiosity how are your friend’s products going after the court battle.

At the end of the day every product is different and there are lots of methods of protecting your product wether it’s through a patent or other means.

[ron komorowski]

[QUOTE=Nigami Enterprise;194210]


Just out of curiosity how are your friend’s products going after the court battle.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X

Well...you sound like you know inventors and inventors do some funny things. These guys are doing well. They never had any intention of running the product themselves and were looking for licensing deals and infringement was welcomed.

One is suing many of the biggest electronics companies as the virtual reality video games have technology that infringes. He went after the second biggest company and won one million but he settled for much less than he could. We are told he used a lawyer that specializes in divorce. He now has better lawyers and is going after the rest of the infringers.

The other guy, his story is years in the courts. He is responsible for a key component in the micro convection oven process. This guy is the mad but brilliant inventor type. He went after the very largest of companies (can't mention names...not good to do) by himself...the guy is considered half off the wall. He was offered two million and turned it down. He is 80 yrs. old! He wants 10 million. It's been in the courts for years.

You are totally right about playing the game as if you have no patent at all; that is what I am doing, don't lean on your patent, instead use it as a last resort. You can't stop running all the time to "turn back" and fight over your patents. It is best to beat all in the race. Some patent defenders I know have chosen to just beat the infringer in the marketplace rather than court...BUT if you do not defend your patent and stop an infringer YOU MAKE YOUR PATENT COMMON KNOWLEDGE AND YOU LOSE YOUR PATENT.

No, not all ideas warrant patents, in fact many inventors I know think they can only run an idea if it is patentable which is VERY foolish.

Last, lawyers on contingency VERY MUCH CARE if your product has a future. Lawyers will only work on contingency if you are going for a licensing deal (vast majority) and then they pretty much become your partner for the future (the big downside of contingency)

Tricky stuff, intellectual property is. If you want to enter this field you must read many books. There is NO OTHER way...unless your intent is to lose all your efforts.

Ron Komorowski
Inventor of Handi-Straps
Handi Straps Lifting System Home