Normally, where you develop a unique property which is protectable by patent or is some other form of protectable intellectual property based on the intellectual property of another, you seek to negotiate a royalty you pay to the holder of the underlying intellectual property based on what you propose to sell it for. The other way is to charge the other companies a royalty for use of your intellectual property. It sounds like you are thinking of the latter approach. What you should do is finish your development so you have a completed product and then approach the companies involved.
If your addition is not protectable as intellectual property you do not have anything. You only have a derivative work if you created something. If not you have nothing to steal. You only violate their rights if you use their product that is outside the license.
I understand you're saying I have nothing to steal if I haven't created a derivative work but I never got permission to create the derivative work. I'm sorry to take too much of your time I just want to be clear. My fear: company likes my idea, but I'm not able to patent it or obtain any protection after I've finished developing and I've spent money on developing, company says you're not protected we'll just take this and develop an alternative version based on the demo you gave us and then all my work was for naught as far as profiting from it goes.
If you sold the product without ever going to the company anybody could copy it and use it if was not protected. So unless you can copyright or patent your work, all you have is something you can use for yourself because anybody can copy it once it is put on the market.
If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
In that case I should find out if what I have done is patentable or protectable.
Ok, one more concise question....is there a way to ask for permission to create a derivative work with the sole purpose of benefiting the profits of company with a small royalty worked in. Like a derivative protection status or something like that?
Your development work does not infringe anyone's rights. It is only when you try to sell it does that happen. Until you have developed your product and determined if it is protectable there is no point in contacting the company. Once you know where you stand, you can then start your negotiations.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).