Legal Question in Intellectual Property in California

Re: Payment for concept of idea?

Ideas are the least protected form of intellectual property, but yes, if your idea is not already known (or obvious) to the folks to whom you try selling it.. you can get paid for the idea.

What you need is to keep the idea SECRET until and unless you can obtain a confidential nondisclosure agreement with a prospective purchaser.

Such an agreement essentially says that you're submitting the material to them with the expectation (and promise) that they will not use the idea without paying you some kind of fee, royalty, etc.

The better bet is to design and build a prototype and apply for a patent to cover your invention.

If your idea is made public (even by discussing it with your friends at a party, for example) you/it will not be protected. A court once wrote: "Ideas are as free as the air".

Re: Payment for concept of idea?

I agree with Mr. Firemark. An idea is intellectual property if it is property at all. If and to the extent you disclose your idea, it loses whatever property value it might have had. I would also point out that disclosing your idea to potential developers is a very tricky process, because they can always say, when they open the envelope, "Oh, this is nothing new, we developed this concept in-house years ago and have shelved it because the market wasn't ready!" or like stories to justify doing an end-run on your proposed royalty.

The moral of the story is you need both a good disclosure agreement and an ethical proposed partner.