Legal Question in Intellectual Property in California

How to secure intellectual property and trade secrets for disclosure to buyers.

I have developed a game and marketing program which coupled creates an entity unique to anything currently in existence. This program has been thoroughly test marketed and proven and now has the attention of two of the major computer manufacturers. Because both elements are basically no more than ideas, regardless of uniqueness, I'm concerned that disclosure to these companies might prompt them to cut me out of the loop. They understand, there are tens of millions of dollars at stake here. They may violate a confidential disclosure agreement because such large amounts are at stake and they have the financial staying power for litigation. How do I secure my position?


Asked on 8/21/99, 7:13 pm

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: How to secure intellectual property and trade secrets for disclosure to buye

The games may be secured by copyright protection and possibly patent protection. You need to contact a competent patent attorney in your area who can assist you with this situation.

Another thought is that if you are so fearful of disclosing these ideas to company A or B, find others in the field that you can feel comfortable in the course of your dealings.

GoodLuck!!!!!!!

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Answered on 8/25/99, 4:04 pm
Bruce Burdick Burdick Law Firm

Re: How to secure intellectual property and trade secrets for disclosure to buye

You need to visit with an intellectual property attorney. There are patent issues (your test marketing may cause a clock to be ticking on when you can get a patent and there is some doubt as to whether your marketing program is patentable.) There are copyright issues. You do not mention trademark concerns, which could be very important to you. Most IP attorneys will give you a free initial consult. Take advantage of it NOW, before you do something to lose your rights.

Visit my website www.burdlaw.com for further information.

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Answered on 8/27/99, 10:06 am


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