Someone stole my idea

This is a discussion on Someone stole my idea within the Intellectual Property Law Questions forums, part of the Legal Questions & Answers Forum category; What can I do if I did not have a patent, but I shared my idea (wrote down my plan) with someone and they stole it?...

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  1. #1
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    Someone stole my idea

    What can I do if I did not have a patent, but I shared my idea (wrote down my plan) with someone and they stole it?


  2. #2
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    Generally law does not protect generalized expressions of ideas; the law only protects the implementation of ideas. Ideas area a dime a dozen. Intellectual property laws protect people and companies who produce various works, literature, movies, tangible products, etc. Unless you have a non-disclosure agreement with your friend, you likely do not have a claim unless you already created this invention. The only way to know for sure if you could have a claim, which may include things like breach of an oral partnerhsip, misappropriation, etc.. is to consult with an intellectual property attorney.
    I am not a lawyer, this is not legal advice.

  3. #3
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    Beat them to the patent and you are good.

  4. #4
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    First of all register it and make it a copy right, so someone can not use it.

  5. #5
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    Jolie:

    I presume you did not patent it because you did not know about the Provisional Application for Patent that costs $125 from the USPTO? You can STILL file this and since we are still in a first to invent you can prove that you showed it to them and you can own the idea. May take a battle but you can file the PPA SUPER fast if you are willing to spend the time and effort to file one.
    Here is a web that has PROACTIVE answers to questions you WILL have as well as an NDA that you should have used.

    Patent

    Feel free to PM me if you need a bit more help!

    Thanks,

    Dave

  6. #6
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    As this is an advert, I will be free to warn anyone reading this of a scam whereby a provisional patent is issued in the name of the inventor, then when not proved up on beyond the year, is filed for, by the provisional patent company in their name. They then acquire all rights beyond that first year. I do not know which of the companies out there engage in this scam, so beware whom you trust.

  7. #7
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    Provisional Application for Patent an scam?
    The Federal Government offers the Provisional Application for Patent and you think it is a Scam?

    Apple computer uses the Provisional Application for Patent for MANY of their inventions.. I can assure you it is NOT a scam. Call the USPTO and ask them if it is a Sacm. Not even close.

    The Provisional is not disclosed EVER unless you file a non provisional calling it into preference.. Sooooo.. Mr. Disagreeable is wooefully mis-informed...

    Learn MORE about the Provisional Application for Patent that you can get immediately for only $65 (micro entity status) from the USPTO?
    Take a look at the link below as well as take advantage of the free NDA that you can modify for your use...

    If a provisional application for patent looks like the right thing for you to do then take a look at another website that shows EXACTLY how to file one using a video format.
    Provisional Patent Video Course

    For answers most folks in YahooAnswers LOVE see Videos how it all works
    Patent

    If this is your FIRST patent and you are not filing with a company name and you, or ANY of your Co-Inventors, did not make more than $150,000 LAST year AND the rights in the application been NOT been promised or licensed to a non-micro-entity then you likely qualify for the 75% reduction in USPTO fees with the Micro-Entity-Status at the Patent Office.

    See this USPTO page.
    Fees


 

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