Legal Question in Intellectual Property in Ohio
IP protection
If i present an clearly illustrated unpatented new product to a manufacturer with no NDA . And the presentation is documented . Can he legally ''steal'' the idea ?
Asked on 12/30/08, 4:24 pm
1 Answer from Attorneys
Justin Lampel
Lampel & Associates, P.C.
Re: IP protection
Yes and No. If you never file a patent application and therefore are never granted a patent, then yes he can steal it. If you file within 1 year of disclosure and are granted protection than no. Of course people lie at times and say they invented it, which means you would need to prove inventorship. Not easy. That is why businesses often file before disclosure. There might be some other possible causes of action against the other party (trade secrets, trademark, etc...but this is a general answer) Happy new years, Justin Lampel
Answered on 12/30/08, 4:32 pm
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