Legal Question in Intellectual Property in Canada
An idea for the NFL
I have an idea for a product that I believe would be very useful in the NFL. The mechanism itself is not original; that is, this device has been around for years, but how it would be used and tailored to suit the needs of the game are original. Would the idea itself be considered a trade secret? (And if it's not a trade secret, what is it?) If so, how could I approach the organization with my idea without having it stolen if they like the idea?
2 Answers from Attorneys
Re: An idea for the NFL
It can be a trade secret. It can also be protected my a patent in some cases. A good potection can be prepared, but I would need some more details.
Re: An idea for the NFL
A new use for a known device is always difficult to patent. Indeed, Patent Examiners tend to view this as not meeting the non-obviousness test.
To be patentable, an invention must not only be new, it must also not be obvious to a person skilled in the relevant art.
Until you file a Patent application, you should have a secrecy undertaking by anyone to whom you intend to disclose your idea BEFORE you disclose it.
We will not be able to answer you more specifically until we understand what your invention is.
We could help you to obtain a patent for your invention should you decide to do so.
I recommend that:
1. You complete your reading of the patenting process description that you will find at:
http://www.brouillette.ca/brouillette/expertise/domaine/view.do?id=583bffad07df258c0107dfc6b6640049
2. You carry out a quick patent search on the Google.com/Patents, USPTO.gov and ESPACENET.com sites. See the following web page for links to these and other sites: http://www.brouillette.ca/brouillette/ressources/guide/groupe.do?id=583bffad07df258c0107df6d34560011
3. You should also carry out a quick regular Google search to see what is actually available.
4. You call us to discuss the costs for drafting and filing (anywhere between $2,500 and $7,000) and the next steps.
Sincerely yours,
Robert Brouillette
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