Legal Question in Intellectual Property in California
Patent protection
After submitting an idea to an ''invention submission company'', can they ''steal'' the idea and pawn it off as their own before you get a chance to patent it? Also, if they took the idea that was submitted and modified certain functions, would they be able to patent it?
3 Answers from Attorneys
Re: Patent protection
First do a patentability search...then a provisional app.... then disclose to someone
Re: Patent protection
An invention submission company probably wouldn�t stay in business long if they took to stealing their client�s inventions. Nevertheless, the only way you can be certain to protect your rights is to promptly file an application for a patent. You can file for a provisional patent, but the initial savings in cost is pretty minimal--just a few hundred bucks up front--and then you will need to file a complete patent within a year--requiring of course more bucks. Note that there are time limitations that may apply, so prompt filing of an application is essential. Also, keep a file or log of all documentation with time and date stamps or other time evidence to prove when you first invented, as this will serve to thwart challenges by this or any other potential usurper of your invention. Finally, never submit or show anyone anything without asserting your trade secret rights by means of a written contract of confidentiality and nondisclosure. A patent law firm--which is bound by state law to NOT disclose your invention--can help you with all of this. We are in Orange County, and would be happy to give you a free initial consultation.
Re: Patent protection
Ideas, by themselves, are not protected by patent law. However, certain ideas may lead to such things as inventions or designs that may lead to a patent. Usually protection over ideas that may lead to patentable subject matter are covered under contract law and/or trade secret protection.
If you believe that someone has "stolen" your idea or material that may qualify you for potential patent rights, or if you want to know whether you can seek patent protection for a modified invention or design, you should seek a free consultation with a patent attorney.
I am not a patent licensed attorney myself, but I can refer you to someone in your area if you would like, as I believe your zip code indicates your location is in Vista, CA. Please contact me using the information in my message if you would like to contact my reference.