How to Protect Ideas or Concepts

The inventor who has developed blueprints for an invention doesn't want to see his ideas stolen and all his hard work gone for nothing. While a copy or original of the creation confers copyright, this is not enough protection of the creator's work -- it is still easy for another person to steal, and the inventor would have to prove in court that the idea was his.

Instructions

    • 1

      Write up an invention disclosure (for an item that has been conceived or invented) and have this document witnessed and signed by at least two people who understand the invention. If they are to be believed as credible witnesses in court, they have to have sufficient knowledge of what the invention is and how it works. (See the "Protecting Ideas" link in Resources.)

    • 2

      Investigate any groups or individuals who claim they can help you market or sell your idea to a company. Make sure these entities are going to help you instead of stealing your idea or concept; the likelihood is high that they are going to enrich themselves at your expense. (See Resources.)

    • 3

      Take steps to keep your idea or concept confidential; if you do decide to disclose what you have developed, make sure you let the other party know you are telling her in confidence only. If she breaches your confidence, you can sue for "breach of confidential relationship." Thus, it is a good idea to have this person sign a confidential disclosure agreement before you say anything.

    • 4

      Write a description of your invention in clear language, so others skilled in your field or invention will be able to understand it. Include photographs or drawings of your concept; they should be no larger than 8 inches by 13 inches. Include a check for $10 (as of 2009) made out to the Commissioner of Patents and Trademarks.

    • 5

      Include language requesting that the "enclosed papers be accepted under the Disclosure Document Program and that they be preserved for a period of two years." Include the mention of your $10 check. Also, ask them to "stamp the enclosed copy of this letter with the date and the Disclosure Document number and return it to me."

    • 6

      Mail your documents to the Commissioner of Patents and Trademarks, P.O. Box DD, Washington, DC 20231. Once this office stamps your documents, your invention is protected for a period of two years.

    • 7

      Ask if patent protection will be necessary for your invention. If so, begin working on this before the two-year protection period expires. (This process is lengthy and very involved.)

Tips & Warnings

  • Any patent for your idea will depend on the classification of your invention--i.e., whether your invention is a new species of plant or a utility invention.

  • Do not rely on protection by virtue of having developed the idea. Take every possible step to protect your interest in your idea so you benefit from it.

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