It is not possible to protect ideas but rather the representation of that idea.
NOLO is a great, free informational site. Also, be sure to read what the USPTO (United States Patent & Trademark Office) has to say about patents.
Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:
* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom
There are plenty of free informational resources out there. Check the source box for links to articles.
Hope that helps! I wish you much success & happiness in all your ventures!
2006-06-24 06:07:26
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answer #1
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answered by TM Express™ 7
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Non-disclosure agreements are about your only choice. The law does not permit the protection of an idea through copyright, just the specific form. Non-disclosure and non-compete agreements will to some degree protect you. However, it is very important to understand what is and is not protected. For example, if you have a conversation with someone, that is not protected unless it is reduced to a written transcript and delivered. If you have a conversation with someone who has an NDA in place but do not reduce the protected conversation to writing, you are not protected because there is no record of what specific conversations are protected. You could also reduce it to a video recording. Both parties must be aware of the specific protected material. The court will not hear a case based upon, I said X followed by the response no he didn't or that part wasn't part of our agreement. If you cannot prove the content, it didn't happen. If you didn't make clear which specific conversations are protected content, then it isn't protected content. Any content which would have been covered by the other party anyway isn't covered. So for example, you have an idea for a brilliant adaptation of MacBeth and you go to the Royal Shakespearian Society with it anything they would have done anyway without your coversation is unprotected.
A non-compete must be very highly defined. Both are contracts so consideration is required. Many non-compete agreements are vacated by courts as a violation of the constitutional amendment against slavery. For example, imagine you were a pediatrician and signed a non-compete with your hospital not to practice medicine in the United States. That is an unreasonable restriction and would force them to be your permanent indentured servant. It must be defined in time and geography, it must not cover something the other party would have engaged in anyway, there must be definable harm to you should they compete against you.
Cost will vary by attorney and complexity.
DO NOT DO THIS YOURSELF. THIS IS NOT A SELF HELP TYPE PROJECT.
2006-06-24 12:48:09
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answer #2
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answered by OPM 7
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