Legal Question in Business Law in Virginia

How to deal with submitting an idea

First of all, make sure that you know whether the companies product is protected by a copyright, or by a patent. If you buy, or look at their product in a store, you should see the word "Patent" or a "c" with a circle around it (or the word "copyright") on the goods.

If your product proposal is derived from a copyrighted work, then it may be violating the protection afforded the company, should you try to sell it (copyright protects against "derivative works" being created). On the other hand, if you take their idea, and then create an expression of the idea that is new and fresh, then copyright protection does not prevent you from doing so.

If the company's idea is patented, then a different standard applies. Patents protect ideas, whereas copyrights protect the expression of ideas.

You should contact the company, preferably through an attorney, and inquire as to how to submit a product idea. Many companies do not accept ideas from individuals, though some companies do. If you have created something that you propose that the company sell as part of their product line, and it is protectable by copyright, then you may already have protection that prevents them from "copying" your idea. Copyright, in the United States, is auitomatic when you fix your idea on paper, or in any "tangible medium".

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.