How to protect an idea - By Terence Mardell    

If you have an idea you want to submit to someone and the idea cannot be patented, trademarked or copyrighted, use a CONFIDENTIAL AGREEMENT form. This agreement to review an idea places an obligation on the reviewer to keep your material in strict confidence. It is also possible to institute a lawsuit should the agreement be violated. You can lose rights to an idea if you disclose it, even to one or two people, without a written confidential agreement.

USING CONTRACT LAW FOR SUBMITTING IDEAS
The Idea Man Can: 1. Establish priority to an idea 2. Protect his idea by complying with the law of contracts 3. Safely deal with others so that they may examine his idea to find out if they want to buy it 4. Sue for breach of contract following misrepresentation of an idea submitted in confidence under contract 5. Lose title to his idea if released to a second person under any condition other than under obligation to review 6. Rely on a businessman's request to disclose in confidence

The Idea Man Cannot: 1. Broadcast the idea and still remain in control 2. Recover damages if the idea or any of its details are submitted unsolicited 3. Recover damages for misappropriation of his idea unless he can prove he is the first and true originator 4. Recover damages unless there is a violation of a definite "meeting of the minds" between him and the other party as to specific conditions of disclosure 5. Recover damages unless there has been obvious copying or use of any or all of the submitted idea

Business Managers Should: 1. Be willing to consider ideas of originators outside their business employment 2. Require submission of complete details under specific agreement 3. Report promptly their reactions and possible interest 4. Retain all information confidentially 5. Deal fairly with the originator

Business Managers Should Not: 1. Review any material or idea NOT submitted under agreement 2. Divulge any information on an idea received in confidence 3. Make use of any features of an idea (even when submitted at their own request) without express permission of the originator

File Disclosure Document
It is important to remember that the person who can prove he was working on an idea first has prior rights. The filing of evidence of prior rights is now available as a "Disclosure Document".

Proof of initiation of an invention is important. To assist you in this the Patent Office will accept and preserve for a period of two years, Disclosure Documents, which may be used as evidence of conception of invention. A Disclosure Document may be any paper which, discloses an invention and is signed by the inventor and forwarded to the patent office. It is not a patent application, nor will its receipt in the patent office in any way become an effective filing date of a regular patent application. Like patent applications, however, these documents will be retained in confidence by the patent office.

Although there are no restrictions as to its contents and claims, the benefits obtained from a Disclosure Document will depend directly on the content and accuracy of the material. A clear and complete explanation of the process of making and using an invention and a sketch should be furnished. A Disclosure Document will be destroyed two years after its receipt unless is made part of the regular patent application.

In addition to the fee charged, the Disclosure Document must be accompanied by a self addressed stamped envelope and a separate paper in duplicate signed by the inventor requesting the material be received for processing under the Disclosure Document Program. Photographs are also accepted and must be in duplicate.

Agreement to review an idea

We the undersigned, agree to receive in full confidence full details about an idea for (increasing sales or manufacture, whichever applies) of merchandise that are sold to business or public.

It is further understood that we assume no responsibility whatever with respect to features which can be demonstrated already known to us. We also agree not to divulge any details of the idea submitted without permission of "inventors name" or to make use of any feature or information of which the said "inventors name" is the originator, without payment of compensation to be fixed by negotiation with the said "inventors name" or his lawful representative.

It is specifically understood that, in receiving the idea of "inventors name", the idea is being received and will be reviewed in confidence and that, within a period of 30 days, we will report to "inventors name" the results of our findings and will advise whether or not we are interested in negotiating for the purchase of the right to use the said idea.

Company.......................... Address.................................

Official to receive the disclosures:

Title .............................Date ...............................

Signature ..............................

Accepted: ................................

The idea is the copyright property of:

"Inventors Name" 

"Inventors Address"

Note: You can institute a lawsuit should the agreement be violated

If you need info on patents, copyright, trademarks law, just holla. Terry Mardell - T-angles

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