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Posted Nov 26th, 2011
When should I patent an idea? I foresee the possibility of an entertainment network attempting to
cash-in on my idea without proper compensation.



Legal Topic Area: Intellectual Property in IL | 3 Answers

1st Answer

Ideas are not patentable -- only inventions are, and they must be reduced to practice before they can be the subject of a patent. If you have an idea for a TV show, you need to keep it a secret and only disclose it to people who have agreed not to disclose it further or make commercial use of it,


Answered on Nov 26th, 2011 at 10:28pm


Other Answers

The benefit that you garner from obtaining a patent is the right to prevent others from making, using or selling your patented idea. It is advisable to file a patent application before you publicly disclose your idea although you can wait up to within one year to file a patent application after a public disclosure. Applying for and obtaining a patent is not easy. I would suggest that you review information about the patenting process from United States Patent and Trademark Office website at www.uspto.gov .

Regards,


Answered on Dec 23rd, 2011 at 2:11pm

You should speak with an intellectual property attorney to determine the best way (or ways) to protect your idea. As the other attorneys noted, generally ideas themselves are not generally protectible. However, their application may be protected by a patent, or their expression may be protected by copyright. Some inventions are protectible under several laws. For example, software code is protected by copyright and a computer system running the function embodied in the code may be eligible for a patent. You should work with a knowledgeable attorney to make sure that you obtain the broadest protection before you disclose your ideas to others.


Answered on Dec 29th, 2011 at 12:40pm