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I have an idea and a simple sketch for a design of an existing product. How do I sell my idea to a company without having a prototype. How do I own my idea? Do i need a lawyer to write an agreement to review my idea to companies.

Submitted: 163 days and 18 hours ago.
Category: Intellectual Property Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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i've just been readinging online articles. i have reseached digital prototype software which i can't afford. i visited legalzoom.com which told me that i needed to speak with an intlellectual property lawyer

Posted by Law Professor 163 days and 18 hours ago.

Answer

<p>The best protection would be to get a patent on your new design. That would stop anyone else from copying or even using it without your permission. The problem is that, to do a patent right, it costs something like 8k-10k, depending on your technology. A cheaper patent might have mistakes in it that would make it far less useful.</p><p> </p><p>Without that, you could try to have a contract where you ask potential buyers to agree not to share or use the idea before you show it to them. That sort of confidentiality agreement is hard to get signed though; people don't want to promise confidentiality and have legal risk when they don't even know what it is that you are going to show them. Sometimes, if you have a relationship with the other side already, it works; but a call out of the blue from someone who says "i have a great idea" but you have to sign a document before you see it -- well, that typically doesn't fly, unfortunately.</p><p> </p><p>So, unfortunately, it's very hard to protect an unsolicited idea and bring it to relevant companies without either a prior relationship, a reputation that gets you over the above hurdles, or a patent.</p><p> </p><p>Sorry. (Good luck.) </p>

163 days and 16 hours ago.

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what about on online developer to produce the prototype. or what if i purchase the item and redesign it for what i am looking since i can't afford the protype?

Posted by Law Professor 163 days and 16 hours ago.

Answer

Those are ways to make a prototype, but they don't protect you against copying. So sure, you can hire someone to make a prototype, and you can buy the item and mess with it; but if you then show that to someone else, you are at risk that they can copy you. That risks goes away only if you patent or have a contract.

That said, having a prototype does help prove *when* you invented and that you really did invent; and that proof would help you later when you try to get a patent. Also, having a prototype might help you get attention from would-be buyers, and help you make sure your idea really works. So I don't mean to poo-poo the idea of a prototype; I just want to make sure you know that that doesn't protect you from copying necessarily.

Hope that helps.

163 days and 16 hours ago.

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that takes me back to a contract of non discloser but with a prototype right? i am not an engineer, nor am i mechinically inclined to create this idea

Posted by Law Professor 163 days and 16 hours ago.

Answer

Right. When you take the prototype to a potential buyer, you'd try for a non-disclosure agreement of some sort, and then show them the prototype. As I said, though, most companies are reluctant to sign non-disclosure agreements, especially with people they don't already know.

163 days and 14 hours ago.

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How do i go about owning my redesign of an existing product on paper? My sketch will show that this is an ergonically sound idea that creates ease and comfort for the consumer.

Answer

Same answer: patents are what protects things like designs. Putting it on paper would just be evidence of when you came up with it, but does not itself give you rights. (And the patent system slightly favors real prototypes over paper drawings -- the legal concept is "reduction to practice" -- in that that is better evidence that your idea is real, works, etc.)

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Expert: Law Professor
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Answered: 6/11/2009

Law Professor

Professor of Law at Top-Tier Law School, specializing in patent & copyright

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