Legal Question in Intellectual Property in New York

Dear Charlie,

It depends on whether your new product rises to the level of an invention. From your question, I assume you have invented something new. If it is, you can apply for a patent which if eventually granted, would give you a way to protect it. Once you apply, you can refer to your invention as patent pending which gives notice that you plan on enforcing your rights if you get a granted patent which is often enough to discourage others from copying your invention. At the moment the risk of being sued for intentional infringement is substantial.

If your product is not really a new invention, there really is no way to keep someone from �copying� your idea as long as they don�t steal or something like that. You can of course do things like register trademarks and copyrights which can be useful in letting the public know that they are getting the �real thing.�

I suggest to talk with an intellectual property attorney to see how you can best protect yourself. I would be glad to discuss your issues with you without charge for the consultation.

Good luck,

In addition to what Mr. Torche said, I would add that you can have the other party sign a non-disclosure and confidentiality agreement. While such agreements are not "iron-clad", a well crafted NDA will give you the ability to recover damages if the other party violates it. Feel free to contact me if you would like to discuss this further.