How to Protect Your Idea without Using a Patent

Taking your idea from the drawing board to the store shelf is going to take many months (or, in some cases, years!) of dedicated work. During that development process, someone could swoop in and steal your idea right out from under you.

At least that might be your biggest fear.

This is why you want to make sure your product or idea is patented, right?

Although that may make sense, during the development and start-up phase filing for a patent can be a costly and time-consuming process. So, should you put your great idea on hold?

Absolutely not! Here are some ways you can protect your idea without using a patent.

Non-disclosure agreement (NDA)

If you have any proprietary information or plans that you're going to share, you should make sure you get a non-disclosure agreement signed by that person before you show them anything. This is a binding contract that compels the second party to confidentiality. They can't talk about your product or idea to anyone else without your permission. You can get a lot of work done with a NDA without worrying that your idea will get stolen as it is developed.

Non-compete agreement

This is an agreement you sign with someone you are hiring for your company. It will compel them not to start a competing business that could take direct aim at your profits. For instance, if you've come up with a great new ice cream making process and you share that with your workers they can't turn around and use that same process in their own store if they've signed a non-compete agreement. Of course, if you want to sell them franchises go for it!

Work-for-hire agreement

This is an agreement you'll enter into with a freelance worker who will be lending some of their talents on certain elements of your product development. With a work-for-hire contract, you will own all the work that person creates on your behalf. If they design a killer logo for your brand, under this contract, that logo will be all yours.

Go provisional

Another layer of protecting your idea is by filing a provisional patent. This is something you can do yourself using resources found online. The provisional patent can throw a "protection net" over your idea for up to one year. With this type of patent, you can make the claim of "patent pending." In that year, you should be working out the kinks and lining up investors. Then you can pull the trigger on the patent. You might also find that your product has changed greatly in that year. Better to get it right than to rush into a patent. 

5 Myths About Small Business Law

There is a familiar courtroom saying that goes, "A person who decides to represent themselves has a fool for a client."

What that means is that you shouldn't cut corners when it comes to legal matters especially in your business. There is just too much at stake. That same idea can apply to what you think you know about the law.

There are many myths about small business law that can fall under the category of "They say" or "I heard." Neither one of those ideas should be trust. Case in point: These five myths about small business law:

Myth One: Patents keep your intellectual property protected.

There are many variables that go into filing a patent. One tiny slip-up could open the door for someone to swoop in and make a clone of your idea incorporating a variable that allows them to score their own patent. Although it might not be fair, a bigger corporation could also "borrow" your design and make its own modifications. You can take them to court but they can also crush you with their legions of lawyers. And if there is patent infringement overseas, good luck! This doesn't mean you shouldn't file that patent. Just know it's not a complete shield.

Myth Two: A contract has to be thick to be any good.

Wrong. The best contracts are the ones that are easy to assimilate and understand. One of the reasons that contracts become complicated, is because lawyers like to bill for any ongoing changes.  If you can get a contract boiled down to a few pages then you'll be ahead of the game. Just because lawyers like to throw around a bunch of legalese doesn't mean they have to. That isn't the law!

Myth Three: You can't be sued if you did nothing wrong.

Actually, you can. Anyone can sue you for anything. That doesn't mean the case won't be tossed out be a judge, but before that happens you'll still have to hire a lawyer and defend your company's interest. It could be that the litigant is just trolling for a settlement. Tort reform is a big issue in many countries. There are some places where the loser has to pay all court costs. That could curtail frivolous lawsuits but until that becomes a universal law brace yourself.

Myth Four: All you need is a trademark to protect your brand.

Not so much. First of all, getting a proper trademark can be a very complicated affair. Even when you do get a trademark issued it can only apply to certain territories. That means you have to go multiple places to be truly protected. On many levels, getting the right URL is way more important than a global trademark. Remember, that URL could also be many variations of the same word or phrase related to your company or product. Try to snag them all.

Myth Five: You only need a lawyer if you're sued.

We could spend hours telling lawyer jokes. Yes, they can be a hindrance especially if they are coming after you and your business. However, the best time to retain a lawyer is long before you ever set foot inside a courtroom. If you're not sure about an issue whether it has to do with taxes, R&D or even real estate spend the money to consult with the right attorney. This can pay off in the long run. 

How to Protect your Company from a Lawsuit

Nobody likes getting sued. If you’re a start-up, a lawsuit can bring your business to a screeching halt.

On some level, you can’t ever provide 100% protection against a lawsuit. Anyone can sue anyone at any time. The issue becomes whether that lawsuit has merit or not. Hopefully you can institute the following steps to make sure you would be protected against lawyers bringing frivolous lawsuits against your company.

Step 1: Be patent and copyright compliant

If you are selling a product that you invented, you should have patent and copyright protection in place before you make any sale. There are plenty of internet resources you can tap into that will let you determine whether or not you might be infringing on someone else’s copyrighted material. If you’re making a new product is “like” another product then having your own copyright or patent should insulate you from a lawsuit going forward. This type of research should also apply to any type of logo or other marketing device you intend on using. For instance, if you’re selling a new patented blend of cotton T-shirt but have Mickey Mouse imprinted as the design you could be sued by the Disney Company unless you have licensed that image.

Step 2: Incorporate

As the sole owner of a start-up business, you might think it’s not necessary for you to incorporate yourself. After all, you’re making all the decisions, right? In truth, incorporation provides a layer of protection against liability. If your business is sued it would only be the assets of that incorporated business that would be at risk. All of your personal assets would be safe. In the worst case scenario, an incorporated business can declare bankruptcy and you can turn around a start a new business the next day with a new corporation.

Step 3: Always get it in writing

There isn’t an aspect of your business that couldn’t benefit from a well written contract. Whether that document is between you and an employee, vendor or client having all the terms clearly spelled out will help reduce the instance when someone could find fault with your practices. That’s why contracts should always include clauses to consider all the possibilities of a particular outcome. 

Step 4: Don’t steal staff

Too often the best potential workers are already working somewhere else. There is nothing wrong with hiring a worker away from another company. It happens all the time. However, when you get into situations where intellectual property is involved it might cause some problems down the road. For instance, if you’re starting a mobile game development company and you poach a great designer from another company, that company might take exception with the kind of knowledge their former employee is bringing to your company. This is why there are non-compete clauses in a person’s severance contract. If you are hiring someone in a situation like that make sure they are coming to your business free and clear.

The Google Patent Search Tool - Does This Affect Your Intellectual Property?

A patent is all about protection for your intellectual property. The United States provides patents to give inventors the right “to exclude others from making, using, offering for sale, or selling their invention throughout the United States or importing their invention into the United States.”

Every country can grant a patent which would govern that property in that country. It is conceivable that a patent granted in the U.S. or Canada doesn’t necessarily offer protection against infringement in a country like China or Russia.

Still, it is advisable for a business that has a piece of intellectual property to have it patented in as many countries as possible.

Google has created a patent search which is becoming a huge asset to many businesses. When you consider that there are 8 million approved patents and 3 million pending patent applications in the U.S. alone then you can see the need for a search engine. Now Google has put that database of the United States Patent and Trademark Office online for easy access. How can this help you protect your intellectual property? Consider these benefits:

Clearing the Field

The first obvious benefit of a Google patent search is to see if somebody beat you to the punch. In other words, has your brilliant idea already been developed? This is a search that really should be conducted once the plans for an item are ready to go to the prototype stage. If you find that your idea has been patented you’ll either have to rethink it entirely or scrape the project. Better to learn that in the early stages of development.

Borrowing Innovations

Suppose you’re in the kind of business that needs to create a machine to make the perfect widget. You’re really selling the widget but it has to be mass produced to be cost effective. That special machine you design to make the widget could be patented. However, you might find that another business has a similar machine you can adapt. There’s no need to go down the expensive patent review process when you can license the right to use that technology from the original patent holder. Remember, you want to get to your “widget” and the most affordable and stress free path to that goal is the way to go.

Getting Inspiration

There aren’t a lot of secrets when it comes to granting a patent. If you’re working through a challenging design you might do a patent search for similar products to see how other inventors overcame their hurdles. Who knows? You could be inspired to take your idea in a new direction that no one has thought of.

Inventor 411

It could be that you’re so impressed with a particular product or piece of intellectual property that you want to know more about the originator of that idea. The patent search will let you trace the inventor and find out what other ideas they’ve worked on.

Intellectual Property: Tips on How to Protect Your Business Online

Intellectual property is anything that you or your business creates that is the property of your business. Each of the super heroes in the smash hit movie, Avengers, are the intellectual property of Marvel Comics. This means you can’t use The Hulk to advertise your spring sale. When you or your company creates a piece of intellectual property whether it’s a slogan, a character, a recipe or logo you are well within your rights to make sure that property is protected. In this age of social media networking, keeping up with that protection can become a challenging and full-time job. The following are some insightful tips on how you can protect your intellectual property and what to do when someone steals it.

·         Patent, Trademark, and/or Copyright First

You really can’t make a claim against someone who is using your intellectual property unless you first register that property. This will require filing an official trademark or copyright application for your property. A trademark protects your company information from being used by another company. Going back to the Avengers example, the next Batman movie can’t have Spiderman in it because those are two separately trademarked characters and can only be used with permission from the trademark owner. Copyriting typically applies to a work that you intend to publish like a story, article or photo. These can also be created by your business as a way of promotion but can’t be used by other companies unless you give them permission. A lawyer who is familiar with these types of laws can advise you as to which is the best application to file for protection.

·         IP Monitoring

If you are serious about protecting your intellectual property then you’re going to have to invest into some time into monitoring your brand to see if your property is being inappropriately used. This isn’t just about checking into Facebook once a day, but instead dedicating time to conduct comprehensive searches across all kinds of social networking sites and other web portals.

·         Decide If Your Have Been Infringed Upon

Suppose your company creates a brand icon like the Pillsbury Doughboy. After trademarking this icon, it becomes very popular and begins popping up as people’s profile picture or on their blogs. Is that real infringement? Is your business being damaged? Your reputation being tarnished? Only you can make that call but just because someone might be using your icon or other intellectual property in the vast outreaches of cyberspace doesn’t mean your business will suffer. On some level, you can’t realistically chase down every infringement. You have to pick your battles wisely.

·         Taking Action

When it has been determined that your intellectual property is indeed being misused then you can take appropriate legal action. The first would be a cease and desist order. This would be a legal letter sent from your company’s attorney informing the user that they need to stop using your intellectual property immediately. Once you’ve put them on notice and they still keep using the property, you can sue them for trademark or copyright infringement. Proving damages in court can be tricky and costly for you. Often, the cease and desist order will do the trick.