Legal Question in Intellectual Property in Ohio
Product marketing idea ownership
A few years ago I came up with a new marketing/new product idea for pancake syrup. I took my idea to an Invention Company. Prior to discussing the idea with the Invention Company I described the idea/product in detail in writing, signed it and mailed it to myself by certified mail. I have never opened the certified letter. I did not sign over any rights to the idea to the Invention Company. Within a year my exact idea, marketed the way I described, appeared in magazines and on store shelves. It has become a very big seller. Do I have any recourse or chance of proving this was my idea and being rightfully paid for it and is there a statute of limitations on something like this?
1 Answer from Attorneys
Re: Product marketing idea ownership
In the United States, the rule is the "First to File" a patent. Your idea appears not to have ever been patented by you. Your best recourse would be to sue the Invention Company if you can prove that they stole your invention and sold it for their own gain, or released your ideas to others without your approval.
John Phillips
Phillips Law Firm, Inc.
9521 Montgomery Road
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