When you have an idea for a product or service, it’s natural to want to protect it. Whether you’re an individual with a great idea for a new product or someone who works for a company that has developed an innovative new idea, keeping your idea safe is paramount. Here are some tips on how to protect your idea.
How can you protect your idea?
A patent is a government protection for your idea. It will give you a monopoly on your idea for a certain number of years, and it will allow you to sue anyone who steals your idea. In the US, the process of getting a patent is called “Provisional Application for Patent” and is a relatively painless process. Many startups use this tool for their idea protection, but it's only one of several ideas for protecting your idea. There are several other ideas for protecting your idea, but we will focus specifically on the patent process as it provides several steps to protect your idea. At each step of the patent process, you will want either to protect your idea directly via a separate application, or you can protect it via a lawsuit. Protect Your Idea Through Patent Applications I would recommend to anyone doing work for an organization that has developed an innovative idea that the first step is to get your idea protected by a domain name registration (“DMOA”). There are several good blog posts and resources for DMOAs. Depending on what kind of idea you are working on, you will likely want to protect the URL by registering the domain name before proceeding with the work. For those looking to get an idea protected, here are some registration steps: Check the DNS zone data. Will it be blocked because it was obtained through a violation of anti-dyonic behavior rules? Check the Through the Spider (TSP) records for the top level domain (“com”), the subdomain (”*.com”), and the root domain (“*.domain.com”). If the TSP does not show www.your-idea-cool-product-name.com, then you will need to go with a “master domain” (.com domain or e.g www.your-idea-cool-product-name.com is preferred). DMOAs are very popular among those developing an idea because they offer several advantages. For a more detailed detailed look at applying for domain names, see this excellent post I did for TechCrunch last year. DMOA’s Don’t Become Rental Property It has been my observation that domain name providers like GoDaddy.com typically get new domain names very quickly and at very affordable prices even if the trademark holder is unhappy.
How to protect your idea from theft and other problems
While it’s true that you can’t protect your idea, you can protect yourself and your idea from theft and other problems. Remember, if you’re not protecting anything, you’re not protecting anything. Here are some ideas on protecting an idea:
Use unique, descriptive names. Nothing screams “copyright infringement” like infringing on someone’s copyright. If your product name isn't unique and descriptive, it could easily be someone else using it without your permission. This doesn’t just include using your trademarks—your competitor’s competitor’s name should be trademarked, too.
Get medical or legal advice. Lawyers and medical professionals can help you protect your ideas by providing legal and medical advice on how to protect your mark. To make this legally binding, you should get an SES, I-CANN, DMOZ, or BSA accredited medical doctor to write the disclosure about your disease. The doctor should also provide you with medical advice that describes your disease.
Get something other than a great idea. Some people are just really good at coming up with a great idea, but they just fail to protect it. Protecting your idea doesn’t just include protecting it from mass companies—that’s just one of your competitors. Your creation is unique and has commercial value.
Comments Include:
I always get the same ignorant question on trademark all the time: How do I protect my idea?
blackdogtools tells me that the best way to ensure that your idea gets protected is to actually create it and test it. I’ve heard that the right person (the right product guy, marketer, etc.) can protect your idea and make sure it doesn't infringe someone else’s.
Matt Clay does a great job of thinking about protecting his idea. Take your time to come up with a good idea. When you do, don’t just protect your idea but protect all of the parties that may be interested in using it, including yourself.
Tips on how to protect your idea from legal and financial risks
To protect yourself from legal and financial risks, these are the three steps you need to take: 1) Do your research to see if your idea is original or if someone else has already come up with it. You can do this by searching online, checking with the patent office, or even just talking to people in your field.2) Decide if your idea is worth pursuing legally. Evaluate how much money it will make you, the potential for the idea to make you a ton of money if you develop it, and other factors that will weigh heavily against it. 3) Draft up a detailed business plan for your “idea funnel.” This plan details the purpose of your project/product, when it will be ready for market, what products/services will be available at that time, and any known risks associated with the idea. All of this information should be put into a Word document, which is a type of legal document that is specific to your state. Do this first, so that when your attorney drafts your contract (which he/she is legally required to do), it has all of these key pieces. This will make your life SO much easier later on. Also, before you even pitch your idea or primary service to potential investors or clients, make sure you have all the information necessary to protect your idea. Videos, images, and other useful information like the Profit and Loss Statement will be important to have included in your pitch. Tools to help you brainstorm your idea funnel There are a number of tools that can help you in this step of the process, including the following: 1) A word processor with an intuitive interface 2) An online patent search 3) An online regional patent search system 4) Text-based visual ideation program (SID) 5) Pop-up window with additional assistance 6) Mechanical pen/paper ideation. I hope this tips are help you to protect you idea.