Firstly consider Patents: If it is new and inventive, patent protection
may be available in
your country. Beware that some countries do not award patents for
computer, pharmaceutical
or business ideas. Of course you can usually apply to a country
such as the US where there
are fewer limits on what you can patent.
You apply for a patent via your national patent office, or that of the
country in which you seek
protection. If your idea is sufficiently valuable consider obtaining
patent rights in multiple
territories, but be warned that the application process is very
expensive.
A patent is a negative right in that allows you to prevent other
people or businesses from
performing your invention. As such it must be the application of an
idea - and not just the
abstract discovery or concept which is protected. If your idea has
no applications then it will
be hard to patent - and if successful hard to make money out of.
A patent is a bargain between the inventor and the state - the
inventor gets a legal monopoly
for 20 years but must disclose the invention so that other people
can benefit from it thereafter.
As a result a patent is invalid if it fails to disclose the invention such
that people can use the
invention without further information. Of course you don't have to
state details which would be
obvious.
The process of acquiring a patent is also time-consuming and after
2 to 5 years you may of
course be refused patent protection. Be aware that what is granted
is a claim to technology
written in a way which defines that technology - most of the
application is just description to
ensure sufficient disclosure. The claim that gets granted is often
different from the main claim
as initially filed as the examiner will often require that your
monopoly be narrower. As a result
a granted patent may or may not be the powerful legal weapon that
you hoped it would be.
Secondly, consider other form of IP protection. Trade Marks,
Copyright or Designs may
be useful IP rights to use or acquire, and confidentiality
(agreements) may be useful -
especially if there is not a form of IP right suited to your needs.
See the PatentlyProtected.com IP Tutorial and particularly the IP
Guide for more information.
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
