Legal Question in Intellectual Property in Pennsylvania
I took an idea that I had to an invention company,I paid them $1000 for a marketability research. There has been no public disclosure because I have not marketed the idea yet. The invention company said that if I do not come up with the rest of the cost in a year that I will lose my rights to the idea. In the meantime I have written out and drawn a detail sketch of my idea and had it notorized and sent it certified mail to myself. Have I protected myself with this action. Someone also suggested that I file for a utility and design patent with the uspto to protect my idea. If I do this and it is granted can I go back and make adjustments or improvements on it at a later time. Can someone make improvements on my idea after a patent is granted. Thanks Bip.
1 Answer from Attorneys
No, mailing yourself a notarized copy of sketches and descriptions of your invention will not protect your invention. The only way to gain patent protection for an invention is to file a patent application with the United States Patent & Trademark Office (USPTO).
Yes, someone may seek a patent for any improvements to your idea even after your patent is granted. A patent for an invention may be granted to whomever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
Additionally, I fail to understand what exactly the �marketability research� provided by any invention submission company entails. Invention submission companies rarely employ registered patent attorneys and therefore cannot file either a design or utility patent application for your invention.
I highly recommend that you contact an Intellectual Property Attorney to prepare and file an application for patent registration on your behalf.
THE COMMENTS CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL USE ONLY- NOT AS LEGAL OPINION. NO ATTORNEY/CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
