How to keep an idea 'protected'
Discussion
Good Morning folks
I have come up with an idea which may help individuals who have some kind of disability to use general house hold DIY tools (screw driver, hammer, nails, chisels, drills etc) more easily.
However, I would need to do a lot of research and expand my knowledge on those particular tool(s) before trying to come up with a prototype.
How do I find out if that idea is already on the market? Would I just 'google' it?
How do I know it will be in demand?
Thanks in advance for your responses
I have come up with an idea which may help individuals who have some kind of disability to use general house hold DIY tools (screw driver, hammer, nails, chisels, drills etc) more easily.
However, I would need to do a lot of research and expand my knowledge on those particular tool(s) before trying to come up with a prototype.
How do I find out if that idea is already on the market? Would I just 'google' it?
How do I know it will be in demand?
Thanks in advance for your responses
Google helps.
Google also has a patent specific search.
In terms of protection, patents are expensive, you will need advice as the clever bit is writing them to protect you from people coming up with similar alternative solutions that don't infringe the patent.
Re how do you know if people will buy it.. You either need market knowledge or need to do some market research.
Might be worth approaching a couple of companies, ask them to sign an NDA and have a discussion on licensing it.
Google also has a patent specific search.
In terms of protection, patents are expensive, you will need advice as the clever bit is writing them to protect you from people coming up with similar alternative solutions that don't infringe the patent.
Re how do you know if people will buy it.. You either need market knowledge or need to do some market research.
Might be worth approaching a couple of companies, ask them to sign an NDA and have a discussion on licensing it.
Protection: The lowest level, least expensive means of protection is to write a detailed description of what it is. Print this out and place in an envelope along with a means of date-proofing (that day's newspaper for example) and send this recorded delivery to yourself or a solicitor. When it arrives, don't open it, just keep it on file. This won't protect you against someone copying your idea but it may - and I do stress 'may' - be of use should you ever find yourself explaining to a judge why you are asking for compensation from those that did copy the idea. As others have mentioned, Non Disclosure Agreements are a must.
Beyond that, you have to take the view that you cannot tell nothing to everybody all of the time. You have to trust people and 99.9% of time you'll find that this approach is perfectly fine.
If you're going spend money on this, I'd suggest using that to get a working prototype made. This greatly enhances your level of protection because your idea then physically exists.
Research: Conduct it! Speak to the people you see as your customers. Don't do this ad-hoc - structure a survey that you follow. Don't just ask "would you use this?" - ask what problems they want solving, what they currently do or use to solve them, what would they be willing to spend to solve those problems and who they'd by from?
There's plenty of companies out there that provide products for this market. Some manufacture stuff. Some distribute it. Some sell it and some do all of the above. Draw up a list and go and speak to them.
Other than that, just dive in and crack on
Good luck!
Beyond that, you have to take the view that you cannot tell nothing to everybody all of the time. You have to trust people and 99.9% of time you'll find that this approach is perfectly fine.
If you're going spend money on this, I'd suggest using that to get a working prototype made. This greatly enhances your level of protection because your idea then physically exists.
Research: Conduct it! Speak to the people you see as your customers. Don't do this ad-hoc - structure a survey that you follow. Don't just ask "would you use this?" - ask what problems they want solving, what they currently do or use to solve them, what would they be willing to spend to solve those problems and who they'd by from?
There's plenty of companies out there that provide products for this market. Some manufacture stuff. Some distribute it. Some sell it and some do all of the above. Draw up a list and go and speak to them.
Other than that, just dive in and crack on
Good luck!
geek84 said:
Thanks very much indeed for your advice, folks.
The idea is in my head at the moment and I have lots of research to do.
I will of course keep you folks updated.
The advise given by bearman68 made me laugh
Glad it made you smile.The idea is in my head at the moment and I have lots of research to do.
I will of course keep you folks updated.
The advise given by bearman68 made me laugh
Clearly managed to irritate someone.
Best of luck OP. I love innovation and imagination, so will be interested in seeing what you've come up with in due course.
CubanPete provided a great summary.
As a patent attorney, I have seen the challenges faced by 'individual' inventors to commercialise their great ideas (i.e. inventors who are individual people with day jobs, rather than company founders/MDs).
Their often-missing ingredient is the 'know-how' - getting the tech as close to 'ready to market' as possible. Buy-in from a sector expert would be invaluable. R&D at home without professional help may be unconvincing. Instead, professionals may need to be engaged to perform a whole host of R&D activity, including market searches, patent searches, brand clearance searches, product design, IP protection, toolmaking, etc. Ultimately, investors/licensees need to be convinced of an ROI.
Therefore, a key question to ask yourself is how much of yourself (and your funds) you are willing to commit to turn your idea into a reality.
There are various grants available.
As a patent attorney, I have seen the challenges faced by 'individual' inventors to commercialise their great ideas (i.e. inventors who are individual people with day jobs, rather than company founders/MDs).
Their often-missing ingredient is the 'know-how' - getting the tech as close to 'ready to market' as possible. Buy-in from a sector expert would be invaluable. R&D at home without professional help may be unconvincing. Instead, professionals may need to be engaged to perform a whole host of R&D activity, including market searches, patent searches, brand clearance searches, product design, IP protection, toolmaking, etc. Ultimately, investors/licensees need to be convinced of an ROI.
Therefore, a key question to ask yourself is how much of yourself (and your funds) you are willing to commit to turn your idea into a reality.
There are various grants available.
StevieBee said:
Protection: The lowest level, least expensive means of protection is to write a detailed description of what it is. Print this out and place in an envelope along with a means of date-proofing (that day's newspaper for example) and send this recorded delivery to yourself or a solicitor. When it arrives, don't open it, just keep it on file. This won't protect you against someone copying your idea but it may - and I do stress 'may' - be of use should you ever find yourself explaining to a judge why you are asking for compensation from those that did copy the idea. As others have mentioned, Non Disclosure Agreements are a must.
Agreed that NDAs are useful. The myriad free online templates are useful, as long as they are finalised by someone who knows what makes an NDA strong/enforceable.However, posting a sealed envelope to yourself is no better as evidence than having done nothing. Quite simply, in a dispute, the other side's legal representatives would argue that you could have posted an unsealed envelope to yourself, and stuffed it the night before the trial. You would have to try to get something with an indisputable date stamped on top of the seal, and even then I'm not sure it would work. There is no example, of which I'm aware, of the envelope approach working in court (google 'poor man's copyright').
On the other hand, if you posted it to your solicitor, this may be stronger.
In fact, I would just email it to the solicitor (or upload to an online timestamping service) - much more convenient. .
Or just email it to yourself, or PDF it. Email timestamps and PDF timestamps are hard to tamper with. .
Doing nothing may not be the right approach. For example, the 'date created' metadata in Windows is unreliable because it can change when updating a computer, and because the date can be manually backdated anyway.
Questions like this often come up on PH. Serious question - Maybe the assembled throng need to get their heads together and publish a sticky?
There are people above who are / have access to patent attorneys etc… this knowledge is priceless.
The “I’ve got an idea” bit is about 2% of the process.
NDAs must be written for your benefit and seen to be workable.
The cost of something to market keep getting, pro rata, more expensive, and it’s very difficult for the little guy to make progress. It’s difficult for companies to make them stick as well.
Grrbang’s list is worryingly accurate, as well as the “how much money have you got?” reply. Ask around though, people who have been down this road genuinely do like helping others to bring something new to the market.
Licensing is probably the only realistic way, but James Dyson may state otherwise. But for every Dyson, I wouldn’t be surprised if there are 99 who have made their money through licensing instead.
My uncle had 7 patents and didn’t make money out of any of them, but he was so frightened of being ripped off, he kept his cards too close to his chest.
An ex-work colleague has 11 patents and hasn’t made anything out of any of them. 9 were through work, so maybe he wouldn’t have done, but 2 were completely off his own bat.
There are companies (usually American and German) who will sign anything you put in front of them. Rip the idea off then reply with “we’ll see you in court”. I’ve been in mechanical engineering 35 years and the number of times I’ve heard of this is ridiculous. The Chinese have no compunction at all, and happily rip off everyone.
Sometimes it’s also worth looking at registered designs and copyrighting as well as/instead of a patent, but a patent attorney can advise on this.
There are people above who are / have access to patent attorneys etc… this knowledge is priceless.
The “I’ve got an idea” bit is about 2% of the process.
NDAs must be written for your benefit and seen to be workable.
The cost of something to market keep getting, pro rata, more expensive, and it’s very difficult for the little guy to make progress. It’s difficult for companies to make them stick as well.
Grrbang’s list is worryingly accurate, as well as the “how much money have you got?” reply. Ask around though, people who have been down this road genuinely do like helping others to bring something new to the market.
Licensing is probably the only realistic way, but James Dyson may state otherwise. But for every Dyson, I wouldn’t be surprised if there are 99 who have made their money through licensing instead.
My uncle had 7 patents and didn’t make money out of any of them, but he was so frightened of being ripped off, he kept his cards too close to his chest.
An ex-work colleague has 11 patents and hasn’t made anything out of any of them. 9 were through work, so maybe he wouldn’t have done, but 2 were completely off his own bat.
There are companies (usually American and German) who will sign anything you put in front of them. Rip the idea off then reply with “we’ll see you in court”. I’ve been in mechanical engineering 35 years and the number of times I’ve heard of this is ridiculous. The Chinese have no compunction at all, and happily rip off everyone.
Sometimes it’s also worth looking at registered designs and copyrighting as well as/instead of a patent, but a patent attorney can advise on this.
Grrbang said:
StevieBee said:
Protection: The lowest level, least expensive means of protection is to write a detailed description of what it is. Print this out and place in an envelope along with a means of date-proofing (that day's newspaper for example) and send this recorded delivery to yourself or a solicitor. When it arrives, don't open it, just keep it on file. This won't protect you against someone copying your idea but it may - and I do stress 'may' - be of use should you ever find yourself explaining to a judge why you are asking for compensation from those that did copy the idea. As others have mentioned, Non Disclosure Agreements are a must.
Agreed that NDAs are useful. The myriad free online templates are useful, as long as they are finalised by someone who knows what makes an NDA strong/enforceable.However, posting a sealed envelope to yourself is no better as evidence than having done nothing. Quite simply, in a dispute, the other side's legal representatives would argue that you could have posted an unsealed envelope to yourself, and stuffed it the night before the trial. You would have to try to get something with an indisputable date stamped on top of the seal, and even then I'm not sure it would work. There is no example, of which I'm aware, of the envelope approach working in court (google 'poor man's copyright').
On the other hand, if you posted it to your solicitor, this may be stronger.
In fact, I would just email it to the solicitor (or upload to an online timestamping service) - much more convenient. .
Or just email it to yourself, or PDF it. Email timestamps and PDF timestamps are hard to tamper with. .
Doing nothing may not be the right approach. For example, the 'date created' metadata in Windows is unreliable because it can change when updating a computer, and because the date can be manually backdated anyway.
Or make a video of you taking about it, and upload to YouTube as a private video.
Grrbang said:
StevieBee said:
Protection: The lowest level, least expensive means of protection is to write a detailed description of what it is. Print this out and place in an envelope along with a means of date-proofing (that day's newspaper for example) and send this recorded delivery to yourself or a solicitor. When it arrives, don't open it, just keep it on file. This won't protect you against someone copying your idea but it may - and I do stress 'may' - be of use should you ever find yourself explaining to a judge why you are asking for compensation from those that did copy the idea. As others have mentioned, Non Disclosure Agreements are a must.
Agreed that NDAs are useful. The myriad free online templates are useful, as long as they are finalised by someone who knows what makes an NDA strong/enforceable.However, posting a sealed envelope to yourself is no better as evidence than having done nothing. Quite simply, in a dispute, the other side's legal representatives would argue that you could have posted an unsealed envelope to yourself, and stuffed it the night before the trial. You would have to try to get something with an indisputable date stamped on top of the seal, and even then I'm not sure it would work. There is no example, of which I'm aware, of the envelope approach working in court (google 'poor man's copyright').
On the other hand, if you posted it to your solicitor, this may be stronger.
Frimley111R said:
Forget patents, just see if anyone will buy it first. Can you make a few and put them on Amazon for example? You may find that no-one buys it and so all the thoughts of idea protection are a waste of time.
If you're serious about protecting your ownwership of your IP don't do this...yetStarfighter said:
I was told that if you put a trial to market then you are effectively launching the idea yjj on the public without protection. Someone else can then either use the idea or claim it as their own and leave you to pursue them at your cost.
This!There is nothing to stop you from getting a few made and selling them online, however if you go this route get a patent priority date BEFORE you do so otherwise you are putting your idea into the public domain as Starfighter mentioned.
You can apply for an IP Audit Grant that will pay for an IP professional to help you with your IP Strategy and crucially a professional patent search, you can then apply for an IP Access Grant to help you cover your patent costs if you go that way.
I used an IP Access Grant to cover my Patent, Trademark & IP Insurance costs.
If you want to try your idea out have you thought about buying a 3d printer and learning how to use one of the free CAD packages available online? You can get a reasonable 3D printer for about £200. That's what I did and it saved a huge amount of time & money in getting the initial designs done.
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