Is Your Intellectual Property Safe from Theft When Collaborating?

  • Thread starter Thread starter jamalkoiyess
  • Start date Start date
  • Tags Tags
    Creation
AI Thread Summary
When developing a valuable discovery or invention, protecting intellectual property (IP) is crucial. Patents can safeguard original ideas, but they require the invention to be novel, useful, and non-obvious. While patents offer legal recourse against unauthorized commercial use, they do not prevent others from innovating based on the disclosed information. Non-disclosure agreements (NDAs) are essential for protecting ideas when seeking assistance from others, ensuring confidentiality and reducing the risk of theft. Standard NDAs are commonly used in product development, but creating a tailored NDA can be complex and may require legal expertise. In academia, ethical considerations often necessitate sharing findings, complicating IP protection. Overall, documenting all communications and establishing legal protections are vital steps for anyone looking to collaborate on innovative ideas.
jamalkoiyess
Messages
217
Reaction score
22
Hello PF,
This question has been in my head for a long time.
Imagine i made a discovery or a theory or a machine ... i don't know just anything that's huge in value.
Now if i wanted to seek help to continue it or to develop it , what could stop the person that is helping me from stealing it?
 
Physics news on Phys.org
Nothing.
 
  • Like
Likes jamalkoiyess
+1
 
Really now is there nothing you can do to protect yourself?
 
Well, technically you can patent it.
 
The (Ts/Cz)ar of Russia couldn't protect himself --- there might be adjudications to your distant descendants.
Borek said:
you can patent it.
A "hunting license."
 
We have people come into my work (product development) with product ideas, they're often un-patented, we have a standard NDA that protects their IP.
 
  • Like
Likes jamalkoiyess
billy_joule said:
We have people come into my work (product development) with product ideas, they're often un-patented, we have a standard NDA that protects their IP.

Is that thing international ?
 
billy_joule said:
standard NDA that protects their IP.
There are treaties "respecting/honoring" patents/trademarks/copyrights and legal machinery for international enforcement. The time-frame for the enforcement is more suited to corporate entities than to individuals, and more-so as value increases. Google "piracy," and "proprietary."
 
  • #10
I recommend you get one of these immediately.

Tin-Foil1.jpg


People could be stealing your thoughts!
 
  • Like
Likes davenn and jamalkoiyess
  • #11
dipole said:
I recommend you get one of these immediately.

Tin-Foil1.jpg


People could be stealing your thoughts!

Best movie ever
 
  • Like
Likes davenn
  • #12
I think usually if you've really developed an idea, the companies or groups that help you take it to the next level are more interested in investing for a "share" of the idea than stealing it outright.

In most cases concept alone isn't worth all that much. But when you have a concept that you've tested, refined, built a prototype of, refined some more, solved bugs on, etc. you move from someone with just an idea to an expert who can make that idea work. And if the idea is original, you're the only one with that expertise. At that point, you're valuable to someone who wants to make money off your idea. If they try to steal the concept, they would have to develop expertise in it and that would be an unnecessary cost.
 
  • Like
Likes Ryan_m_b and jamalkoiyess
  • #13
dipole said:
I recommend you get one of these immediately.

Tin-Foil1.jpg


People could be stealing your thoughts!
I remember way back in a chat session were @Evo spoke of these. I think she was stolen from. :oldgrumpy:
 
  • #14
Document all correspondence with said helpers. Documentation showing that you came up with the idea first would help if it needed to be brought to court.

It's a little different in academia, if you have discovered knowledge or something of importance to the world (medical, chemistry, biology, etc.), then it is frowned upon to hide the findings, as it is considered lost time in terms of furthering knowledge. It those cases, it's considered an ethical obligation, whether or not the work is finished, to share.
 
  • Like
Likes jamalkoiyess
  • #16
It depends on the person whom you seek help..
 
  • Like
Likes jamalkoiyess
  • #17
Check out this guideline on what can be patented:
https://www.legalzoom.com/knowledge/patent/topic/what-is-patentable

In short a patent needs to be novel, useful and non-obvious. There are more specific requirements that are meant to weed out spurious and vague patents (some patents are granted for vague ideas but it's difficult to enforce them in court). If you get a patent then you can protect the commercialisation of your idea by suing anyone who uses it for commercial reasons without your consent.

Note that this doesn't stop people reading your patent, innovating on it and creating their own novel product that they can patent.
 
  • Like
Likes jamalkoiyess and Pepper Mint
  • #18
jamalkoiyess said:
Is that thing international ?

Yes. Non-disclosure agreements are extremely common and is what you would use in this case. You can e.g. use an NDA if you are thinking of getting a patent for something but first want to e.g. bring in a consultant to help you with some aspect of said patent. You would then get the consultant to first sign an NDA.
There are also more "generic" NDAs which can e.g. allow employees of two separate organisations to collaborate more freely in a certain field.
Note that stetting up a new NDA is not trivial, it can take quite a while to get everyone to agree on the text.and you do need the help of someone with legal expertise. That said, there are "standard" NDAs which can often be used.

Also, in many industries people avoid using patents since you need to describe you innovation in order to get a patent. Instead they make sure everyone who comes into contact with the new innovation has signed an NDA
 
  • Like
Likes jamalkoiyess and Pepper Mint
Back
Top