Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: Protect Idea Before Assembling Project Team  (Read 958 times)

sfsesar

  • Newbie
  • *
  • Posts: 1
    • View Profile
Protect Idea Before Assembling Project Team
« on: 05-12-11 at 08:15 am »

Hi,

We have an idea, that we assume to be patentable - we haven't spoken to a professional, but based on research, we believe it to be patentable. The
"idea" itself requires the assembly of a team, consisting of four different disciplines, in order to prepare a business plan for investors. Our concern is disclosing the idea to a team of contributors, thus minimizing our chances at obtaining VC funding because of disclosure risks.

My question is: how can we protect our idea from the perils of disclosure, prior to assembling this team and reading the vision or "idea" out to them?
Logged

George White

  • Senior Member
  • ****
  • Posts: 125
    • View Profile
    • Email
Re: Protect Idea Before Assembling Project Team
« Reply #1 on: 05-12-11 at 10:12 pm »

Not legal advice. NDA would be the usual way to handle it. Still not legal advice.  Actual advice might also include talking to a patent practitioner and possibly having a search done before you bank too much on the "idea".

--George
Logged
George P. White signed

patentsusa

  • Senior Member
  • ****
  • Posts: 309
    • View Profile
    • Software Patents
Re: Protect Idea Before Assembling Project Team
« Reply #2 on: 06-27-11 at 12:04 pm »

I've had team members sign something like an employment agreement agreeing not to disclose, agreeing to discuss potential inventions with IP counsel, assigning all IP rights, waiving moral rights under copyright law, and agreeing to sign all documents necessary to perfect the rights.


Logged
Deepak Malhotra, JD, BSEE, Patent Attorney
http://www.patentsusa.com
http://patentsusa.blogspot.com

rts

  • Full Member
  • ***
  • Posts: 94
    • View Profile
    • Patent Simple
Re: Protect Idea Before Assembling Project Team
« Reply #3 on: 07-21-11 at 11:13 am »

I suggest filing a patent application before showing anything to the team, in addition to the above suggestions. You will avoid any bickering down the road about who invented what. Of course, you can file more applications later when the team contributes something inventive beyond what you've already done. At any rate, the first application will demonstrate what the invention was before other minds got involved.

klaviernista

  • Lead Member
  • *****
  • Posts: 1752
    • View Profile
    • Email
Re: Protect Idea Before Assembling Project Team
« Reply #4 on: 07-21-11 at 08:42 pm »

An NDA would certainly be appropriate in this circumstance.  As would a Joint Development Agreement with narrowly tailored (both in technical and geographic scope) non-compete clauses (assuming you are not in CA or some other place where non-competes are almost completely unenforceable).

As for who invented what and when, a patent application would suffice.  But so would a detailed journal or lab notebook that is suitably authenticated. 

Make sure your meeting is held someplace suitably private.  Public disclosures are IP killers in a lot of jurisdictions.
Logged
This post is not legal advice.  I am not your attorney.  You rely on anything I say at your own risk. If you want to reach me directly, send me a PM through the board.  I do not check the email associated with my profile often.
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.268 seconds with 16 queries.