Re: copywright on an idea
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Posted by M. Arthur Auslander on February 08, 2000 at 03:52:32:
In Reply to: copywright on an idea posted by Mr Keith Sherman on February 07, 2000 at 14:38:20:
: Dear Sirs : Having recently returned from America, my wife spotted a unique business venture. Having contacted the company with a view to setting up a similar venture in the UK, a quick and short reply followed stating it was not their intention to enter the UK market until the year 2001, however, they made it clear that they had copywrited their idea in the UK. : I therefore ask for assistance on the following questions;
: 1)can a copyright be placed on an idea?
: 2)if so where can this copyright be located?
NO. The way of carrying out an idea may be patented. The scope of the claims of the patent determines the scope of protection. Patents are national, though treaties allow priority filings in 107 different countries.
Patents can be searched domestically and internationally. It is essential that you do not divulge nor use the subject matter of a patent before filing. In almost every country except the US, the patent is invalidated by divulgation or use. There is usually one year treaty priotity for international filing. The treaties do not recover invalidities.
Your question is posed very abstractly. Do not divulge on the net. It risks UK invalidity if there is a patent involved.
While not impossible, it is usually difficult or impossible to sell "ideas".
M. Arthur Auslander
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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