Intellectual Property Forum
Intellectual Property Forum Welcome, Guest. Please login or register.  
News:
Due to spam with have restricted the number of posts of our members.
We will be doing a complete update to the website shortly, including new hardware and software.
We are sorry for the inconvenience.

 
   Main Forum Page   Help Search Login Register  
Pages: [1]
  Print  
Author Topic: pitching an idea without a patent  (Read 1218 times)
126Orchard
Newbie
*
Posts: 2


« on: 02-18-06 at 08:37 pm »

Hi,

I have an idea (with blue prints) that I believe would make a lot of money but do not have the resources to go through the patenting process.  Is there any way to pitch the idea to companies without getting a patent.  Perhaps publishing the information prior to submitting the idea to prove I originated it (I know this starts the clock, I’m fine with that)?  The invention submission forms I have received thus far contain a statement along the lines of:

“You agree (company) has the right to freely use the information provided to us and (company) will not owe any compensation to you.”

Can they patent the product without me signing a patent application (as I understand it, only the true inventor can file the patent application)?  Based on the above statement would they be able to use the idea but be unable to patent it, and thus unable to prevent competitors from using the idea as well?


Logged
CriterionD
Senior Member
****
Posts: 360



View Profile WWW Email
« Reply #1 on: 02-20-06 at 05:15 pm »

Quote
Can they patent the product without me signing a patent application (as I understand it, only the true inventor can file the patent application)?  Based on the above statement would they be able to use the idea but be unable to patent it, and thus unable to prevent competitors from using the idea as well?



If you're disclosure was documented properly, it would prevent them from "stealing" your idea and patenting it.  It doesn't necessarily prevent them from using your input to think of a similar product and patent that product.  

If I were you I would at the very least file for a provisional patent before even considering the disclosure of the idea to anyone unwilling to sign an nda.




Logged

JSonnabend
Forum Moderator
Lead Member
*****
Posts: 3657


View Profile Email
« Reply #2 on: 02-21-06 at 08:06 am »

Quote
If you're disclosure was documented properly, it would prevent them from "stealing" your idea and patenting it.  It doesn't necessarily prevent them from using your input to think of a similar product and patent that product.  

Strictly speaking, it doesn't matter whether your disclosure was "documented properly", only that you disclosed it to them.  On the second point, the "similar product" would have to meet the requirements of section 103 in view of your disclosure to be patentable, something that may be difficult for something "similar" to your idea.

Quote
If I were you I would at the very least file for a provisional patent before even considering the disclosure of the idea to anyone unwilling to sign an nda.

A provisional may be a good idea, but a properly drafted provisional isn't necessarily all that cheap.  If done properly, IMO, it should cost the same as a formal application minus claim drafting time.  Market place realities are such that big companies often won't sign anything.

- Jeff
« Last Edit: 02-21-06 at 08:14 am by JSonnabend » Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
126Orchard
Newbie
*
Posts: 2


« Reply #3 on: 02-22-06 at 11:41 pm »

thanks!!!
Logged
Pages: [1]
  Print  
 
Jump to:  

Powered by SMF 1.1.4 | SMF © 2006-2007, Simple Machines LLC
Page created in 0.413 seconds with 18 queries.