The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 28th, 2020, 1:24am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
I have an Invention ... Now What?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   patent or just give idea to company?
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: patent or just give idea to company?  (Read 587 times)
S
Newbie
*




   


Posts: 20
patent or just give idea to company?
« on: Jul 6th, 2006, 12:10am »
Quote Quote Modify Modify

hello again, if i were to get a patent, would i have to make the product myself? i know i can license it to a company and i can still keep the patent.  but can i not get a patent and just give the company my idea and collect royalties if they do decide that they like my idea? or can i get the patent and sell it? thank you once again in advance.
IP Logged
Bill Richards
Full Member
***




   
WWW Email

Posts: 758
Re: patent or just give idea to company?
« Reply #1 on: Jul 6th, 2006, 4:40am »
Quote Quote Modify Modify

First, assume you're under no obligation to assign the patent to an employer or other entity.  If you are, your questions are mostly moot.
No, you do not have to make the patented product yourself.  In fact, it's pretty common for the patentee to not make the product.  There are some large research and development organizations that own patents that do not manufacture.
You are correct, patent ownership is different that leasing rights to practice the invention.
Not sure what you mean by "give the company my idea and collect royalties".  It would probably not be prudent to "give" the patent to anyone without consideration.  You can assign the patent to another in exchange for consideration.  You can assign and take a license.  You can assign and take a license in certain fields of use.  You can keep the patent and license it in certain fields of use.
Yes, you can "sell" the patent.
These are all licensing issues and suggest you retain competent legal counsel.
« Last Edit: Jul 6th, 2006, 4:42am by Bill Richards » IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
debi
Newbie
*




   


Posts: 1
Re: patent or just give idea to company?
« Reply #2 on: Jul 8th, 2006, 1:14am »
Quote Quote Modify Modify

What I would like to find out if possible is this:  
I have an idea for a particular software, have recorded  everything down about it, have explained in my recordings what the use of this is, how this could be used, who would the users would be and how beneficial this could be.  Everything basically about this program, I have recorded, explained and dated.  I have drawn and have provided as much information in detail about this as I possibly can.  (On paper).
 
What would be the safest and the best next step taken?  Could I protect this idea by a copywrite and present it to manufactures of similar software to see if they have an intrest in making it? Or do I try to hire someone to build it for me and then try to market it to manufacturers that have experience in this type of program?
 
I have spoken to many people that have the product in use (without the software I'm speaking about) and think it's a great idea.
 
Everything is already "built" and is in daily use, this is a particular program that could be added if wanted that could make a hefty profit for someone or greatly inhance a product already in use.
 
 Any starting points out there?
 
I don't mean to be so vague, but I have already had some bad experiences from sharing a bit too much!!
IP Logged
Wiscagent
Full Member
***




   


Posts: 843
Re: patent or just give idea to company?
« Reply #3 on: Jul 8th, 2006, 6:58am »
Quote Quote Modify Modify

“Everything basically about this program, I have recorded, explained and dated.”
 
Excellent start.  This information should be in a bound notebook, i.e. pages stitched into place, with numbered pages.  You can photocopy whatever records you have and cut and paste them into the notebook.  It is important that every page and insert be signed and dated by you and a trusted non-inventor who understands your work.  Elsewhere on the internet you can get information on how to organize and prepare an inventor’s notebook.
 
“Could I protect this idea by a copywrite and present it to manufactures of similar software to see if they have an intrest in making it?”
 
   The copyright protects the form of expression rather than the subject
   matter of the writing. For example, a description of a machine could
   be copyrighted, but this would only prevent others from copying the
   description; it would not prevent others from writing a description of
   their own or from making and using the machine. Copyrights are
   registered by the Copyright Office of the Library of Congress.
 
   From http://www.uspto.gov/web/offices/pac/doc/general/index.html#copyright
 
“… hire someone to build it for me and then try to market it to manufacturers that have experience in this type of program?”  
 
That’s certainly an option you can consider.  Do you have the necessary contacts in industry to do this?  I doubt that a few cold calls will get you in touch with the right people.  Also make sure that you have the appropriate confidentiality agreements in place before revealing too much of your invention.
 
”Everything is already "built" and is in daily use, this is a particular program that could be added if wanted that could make a hefty profit for someone or greatly inhance a product already in use.”
 
You may have publicly disclosed your invention, in which case you only have one year from the date of your first disclosure to apply for a US patent.  In most countries you may have already lost your opportunity to obtain patent protection.  
 
Good luck,
 
Richard Tanzer
IP Logged

Richard Tanzer
Patent Agent
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board