Is Your Intellectual Property Safe from Theft When Collaborating?

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Discussion Overview

The discussion revolves around the protection of intellectual property (IP) when collaborating with others, particularly in the context of developing new ideas, theories, or inventions. Participants explore various methods of safeguarding IP, including legal agreements and the implications of sharing ideas with potential collaborators.

Discussion Character

  • Debate/contested
  • Technical explanation
  • Conceptual clarification

Main Points Raised

  • Some participants express skepticism about the effectiveness of protecting IP, with one stating that there is essentially nothing that can be done to prevent theft.
  • Others suggest that obtaining a patent is a viable option for protecting one's ideas, although the process and effectiveness may vary.
  • One participant mentions the use of non-disclosure agreements (NDAs) in their work environment to protect un-patented ideas, indicating that such agreements can provide some level of security.
  • There is a discussion about the international applicability of NDAs and the existence of treaties that honor patents and trademarks, though concerns are raised about the enforcement of such protections for individuals compared to corporations.
  • Some participants argue that companies or groups interested in collaboration are typically more focused on investment rather than outright theft, especially if the idea has been developed into a prototype or has been refined significantly.
  • Documentation of correspondence and the ethical obligations in academia regarding the sharing of discoveries are also highlighted as important considerations in protecting IP.
  • One participant references a film that may provide insight into the challenges of protecting intellectual property.
  • There is a note that while patents can protect commercialization, they do not prevent others from innovating based on the disclosed information.
  • Concerns are raised about the complexity and time required to establish NDAs, as well as the necessity of legal expertise in the process.

Areas of Agreement / Disagreement

Participants express a range of views on the effectiveness of various methods for protecting intellectual property, with no consensus reached on the best approach. Some emphasize the limitations of patents and NDAs, while others advocate for their use.

Contextual Notes

Participants note that the effectiveness of legal protections may depend on the specific context of collaboration, the nature of the ideas being shared, and the relationships between the parties involved.

jamalkoiyess
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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.
 
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+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.
 
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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!
 
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  • #11
dipole said:
I recommend you get one of these immediately.

Tin-Foil1.jpg


People could be stealing your thoughts!

Best movie ever
 
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  • #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.
 
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  • #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.
 
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  • #16
It depends on the person whom you seek help..
 
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  • #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.
 
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  • #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
 
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