How do you protect an idea before you make it?

T

termiteslayer

Joined
Dec 18, 2009
Messages
783
Like many, I think I have a couple of spiffy ideas and I'd like to fabricate up a couple of things.
One of my ideas, I feel, is quite spiffy (:rolleyes:) and I know if I botch the fabrication somebody who knows the fundamentals of knife making could probably engineer it up pretty easily when they saw what I was trying to achieve.
I really can't figure out why it hasn't been done before... maybe it has and it failed.

Is there a low or no cost way to legally own an idea, or at least ensure that I'm in the picture if somebody else profits from creating my idea?


Wasn't sure where to post this, seemed like a good place for it.
 
Just writing down something and putting your name to it, copyrights it by definition, I think. The problem is getting the courts to back you. Even patents have their weakspots. Ideas get stolen/borrowed all the time in this industry. If you can't afford to pay for patents you have a few choices, I believe. I would either tell nobody or tell EVERYBODY. If enough folks know it came from you... it may help.

or I may be talking out my ass..... I really have little experience with this.... lol.


Rick
 
If it can be documented on paper or other media then do so, in as much detail as possible, then package it up and mail it to yourself, do NOT open it afterward, keep it 100% sealed. That way you have a date stamp from the mailing for the contents of that, which show that as of that date you'd come up with the concept in that level of detail.
 
Remyrw said:
If it can be documented on paper or other media then do so, in as much detail as possible, then package it up and mail it to yourself, do NOT open it afterward, keep it 100% sealed. That way you have a date stamp from the mailing for the contents of that, which show that as of that date you'd come up with the concept in that level of detail.
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I've heard of this and even mentioned it before, but I don't know if it's sufficient in a court of law.
It most certainly helps, I'm sure of that. I just don't know if it's enough.
 
It is not the same as sending it in to officially get it copyrighted but it's considered legit. The key is to have it well sealed and obvious that you didn't unseal it. Often it is mailed to a lawyer or something along those lines and just held. Of course, if the goal is to not spend money that doesn't work.
 
Let me preface my comments with the admission that I am not a patent attorney, so take these comments for what they are worth. Copyrights cover written works, visual arts, cinema, music and the like. I think it would be a stretch to have a knife design copyrighted.

If you feel that your idea is truly unique and NOVEL, you may consider getting a patent. There is a "Patent for Dummies" type book out there and I personally know someone who followed it and was able to patent and invention. I believe the total cost was a few hundred dollars. The key is that the idea is novel. US patent law has gotten more stringent in recent years and the next logical step, by someone knowledgeable in the field, is no longer considered patentable. If you are talking about a new blade shape that you think is novel, I'd say good luck. If you're talking about a new locking mechanism for folders then you might have something novel that would make the aforementioned book a worthy investment.
 
true, if it's not a visual design element to the knife but a mechanism or something along those lines then patent not copyright. I didn't quite catch that in the OP on my first read. If it DOES something (even if it doesn't have moving parts) then it's patent. I was thinking along the lines of a particular knife profile or artistic design on one.
 
I'm more concerned with the mechanics of it than the aesthetics.
I believe it's a novel thing, but we all know the wheel has been reinvented many times over.
Now I just need a decent, cheap milling machine.
 
I forgot to add that getting the patent is the cheap/easy part. Enforcing it becomes quite expensive and often problematic. You can patent in the US, but that won't keep someone from making it in China and attempting to import it in the US. It is up to you to find them and petition the Dept. of Commerce (IIRC) and/or Customs to bar entry.
 
JC in SC said:
I forgot to add that getting the patent is the cheap/easy part. Enforcing it becomes quite expensive and often problematic. You can patent in the US, but that won't keep someone from making it in China and attempting to import it in the US. It is up to you to find them and petition the Dept. of Commerce (IIRC) and/or Customs to bar entry.
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Yup,,

You need the money to back up you patent. Ideas are stolen in industry all the time and the one with the most money wins most of the time. Now is your idea truly unique? If it is like the spyderco blade hole or one of the locking mechanisms it might be worth the few thou it will take to have a patent attorney take care of it. If it is just a "spiffy" idea that is not going to take the industry by storm then make it and see what happens. You might want to get a knowledgeable maker involved to help you out. But then you have to trust them that they won't steal your idea. Good luck
 
Sounds like you need either a knifemaker, machinists or mechanical engineer to help you work through the bugs unless you feel like tackling it yourself. Ensure you trust whoever you decide to help you out and remember just because it is novel and bad ass does not mean it can be manufactured in a manner that is cost effecient enough to make a profit. I have guys bring me good ideas all the time but it costs more to make than they could sell it for.
Goodluck
CW
 
Is it a knife with friggin' laser beams attached to the friggin' scales? That would rock, I want in!


Rick
 
Friend of mine, successful bigtime non-fiction author, does two things. One: he writes a brief description of his idea (and with a knife or tool or machine design, I would add a detailed sketch) then mails it to himself via registered or dertified, I forget which, but the one where the post office clerk stamps all the sealed flaps to show it has not been opened. Two: he doesn't breathe a word about to anybody until it is done and sold and paid for. Commonlaw Copyright is the toughest copyright there is, but it only protects unpublished manuscripts. Don't know what you can do in your case to safeguard your project, if anything, except keep it to yourself until it's on the market. You should talk to an experienced lawyer, and be prepared to pay his/her hourly fees.
 
if you do detail it out and mail it to your self, make sure to send it registered mail so that you have to sign for it.
 
Rick Marchand said:
Is it a knife with friggin' laser beams attached to the friggin' scales? That would rock, I want in!


Rick
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Nope.
Actually, strippers pop out of it.
I'm trying to work out the bug where they hustle you out of your money and leave you standing there looking stupid.
;)
 
It is common practice in the engineering industry to detail your ideas in a notebook and date each page. At the end of the day have someone that you trust read your notes and sign the page. If push comes to shove, your notes can be used in court to demonstrate when your idea was conceived.

-John
 
#1, keep quiet about it...common sense.
#2, if you intend to sue someone because they "stole" your idea, be prepared to spend a lot of $$ doing so. And being young will help too, because it takes years.....:thumbup:
 
rayban said:
#1, keep quiet about it...common sense.
#2, if you intend to sue someone because they "stole" your idea, be prepared to spend a lot of $$ doing so. And being young will help too, because it takes years.....:thumbup:
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No details will ever be online, in my computer or uttered from my lips until I get a prototype made.
I am aware that about 700 million people out there can hijack my computer and I wouldn't have a clue how to defend myself from it.
Any potentially clever and spiffy ideas will stay between my ears.

I've had ideas stolen before and it's a bit frustrating to see someone who knows the loopholes in the laws driving around in their new car that my idea bought them. My previous stolen ideas were methods and processes that streamlined efficiency, they weren't products or mechanical novelties.

My brainstorm is likely a delusion, but it never hurts to give it a go.

Thanks for the ideas.

Chuck
 
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