Dear Rich: I have a design for a bird feeder which hasn't been made by anyone else yet. I want to pitch the idea to a company but don't want them to steal my idea. Is a copyright on the design good enough to stop them, or should I apply for a patent? Copyright won't protect useful objects, so we don't think that would be the best choice (unless you want to stop others from copying your bird feeder's imagery). Instead, consider one of the following methods of protection:
Design patents. Inventors use design patents to protect the appearance or design of a functional object. Some examples of bird feeder design patents are this one and this one. Read more about design patents.
Utility patents. Inventors use utility patents to protect bird feeders with unique functional features -- for example, this squirrel-repelling feeder or this squirrel-repelling feeder or this squirrel-repelling feeder (whoa that's a lot of repelled squirrels). Read more about utility patents. (Also you can preserve your place in line at that Patent Office without filing a full patent application by filing a provisional patent application.
Trade secret. Some inventors seek to protect their rights when submitting ideas by using nondisclosure agreements (NDAs), thereby preserving trade secrets. The problem for inventors is that often the evaluating company won't sign the NDA because of concerns that they'll be precluded from developing similar ideas. Read more about NDAs and trade secrets.
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Showing posts with label utility patent. Show all posts
Showing posts with label utility patent. Show all posts
Developed Auto Ideas: Now What?
Dear Rich: In 2004, I drew up two sketches with written descriptions for two different automobile ideas, one of which I designed as an enhanced safety feature, and one of which I designed as an enhanced security feature. I sealed the works in an envelope, mailed them to myself, and had the envelope notarized. I have a renewed interest in learning how to go about further protecting and getting the designs in front of the appropriate department of an automotive company. There are two ways to protect your undisclosed automobile ideas: (1) as trade secrets (in which case you'll need to use NDAs when disclosing); or (2) by obtaining patents.
Design patent or utility patent? Although you're using the word "design" to describe your innovations, they don't sound like design patent material (which is reserved for the appearance of functional objects). If your innovations enhance safety or security, then they are functional and may be the subject of a utility patent. Read up on utility patents to decide whether your ideas will qualify. Keep in mind that the date of your invention -- 2004 -- is less relevant now that the new patent law will go into effect in March. And if you've made any public disclosures of your idea, that will likely kill any patent hopes. As for the notarized envelope, don't expect that to provide any protection. It's sometimes referred to as a "post office patent" or "poor man's patent." But whatever you call it, alas, it doesn't prove anything.
Design patent or utility patent? Although you're using the word "design" to describe your innovations, they don't sound like design patent material (which is reserved for the appearance of functional objects). If your innovations enhance safety or security, then they are functional and may be the subject of a utility patent. Read up on utility patents to decide whether your ideas will qualify. Keep in mind that the date of your invention -- 2004 -- is less relevant now that the new patent law will go into effect in March. And if you've made any public disclosures of your idea, that will likely kill any patent hopes. As for the notarized envelope, don't expect that to provide any protection. It's sometimes referred to as a "post office patent" or "poor man's patent." But whatever you call it, alas, it doesn't prove anything.
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