Forums: Discussions for entrepreneurs and small business.

I`ve been researching several ideas over the last two years of high school. I have finally settled on what I think is the dream opportunity for a new business idea. I`ve researched through over a dozen worthy ideas and attempted a few personally. However, while I am not as worried, my father is, because he was exploited by a 17M company over a utility design he did for them that they ended up patenting behind his back. He is very concerned about my idea being `copied` by a larger company that will out-market me with the millions they have on hand- which is a legitimate problem.

My question is how or what I should do about documenting and protecting a mostly software based idea. Increasing my nerves, I`ve recently read about the Patent offices implementing new criteria that renders some major software companies patent-less. I don`t think the article`s point of `concepts that need to change something` apply to my idea. However, I have little faith in our patent system in general.

I read the SuN guide for the invention process, but I am asking for a more detailed answer on documentation. I don`t mind taking pictures of the plan every week if I have to, but I need to know what would be a solid process for documenting, that will hold up in court as date evidence. Something for me to have as an option to go after any copy cats by proving I held the original design/patent inquiry. Eg. The facebook lawsuit

I don`t have the money to go through a patent process right now, as I will be using my savings for the development. But if I get good feedback post-development I will probably (90% likely) invest in a patent. Would post-development be too late? What are some other things I can do to protect myself? For instance, are NDA`s appropriate before discussing development of `patentable` software? Are NDA`s enforceable internationally? Should I avoid the risks by developing between my self and close individuals (this is doable, but is not preferrable)? Theoretically the idea has the potential to net more money than I consider morally acceptable to spend on oneself.

Thank you in advanced for any advice.


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Colin Winter
Small Business Website Management and Marketing

My advice is to not make business decisions based on fear.  You`re taking an (unfortunate) experience your father had and applying it to yourself and your aspirations.  It`s not the same.  This is only going to hold you back.  In fact, if you look at the situation, you`re already being held back.  This fear of being copied or ideas being stolen has stopped you.  You`re acting like you need an answer before you can do anything else.  You don`t.

CampSteve,

Thank you for your detailed response. I mostly agree with you about the `fear` issue holding oneself back, but as younger person I don`t want to be naive on the appropriate process of things and pay for it in the end. However, I do greatly agree with your opinion that with software, being first to market is the best strategy. I will definitely read `Getting Real`; thanks for the reference.


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Colin Winter
Small Business Website Management and Marketing

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Deena B. Burgess, Esq.
www.ebusinesslawgroup.com
Offering Affordable Legal Solutions to Online Businesses
Check me out at Twitter and Linked In

Steve and Deena combine pretty much all that you need. Don`t make your life decisions based on a single event in someone else`s life, and hire an attorney. The attorney will give you more than ample detail in how to exactly protect yourself.

Something else to consider is that legal protection is only as good as your capacity to enforce that protection. In other words, you may have the most rock-solid protection and documentation possible, but if someone infringes on your invention, you still will have to come up with the funds to bring a suit. Then there`s the time involved.

I`m not an attorney, but having spent time here on the SuN forums, I can see that no matter what anyone can say in a text-based topic, it`ll never substitute for the explicit, detailed complexity of advice a skilled patent/trademark attorney can give you.

I don`t have a lot of confidence in NDA`s.  There are usually lots of holes in enforcement.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com