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How to Best Protect Your Ideas!!!

Writer's picture: Dream it. C it. Do it.Dream it. C it. Do it.

Updated: Feb 14, 2023


Depending on the nature of your business, valuable ideas may be protected using patent, trademark, and copyright law.

Patents protect inventions that may or may not already exist, thus helping to protect ideas and concepts over creations such as copyrights and trademarks. Only intellectual property protection tools such as patents, designs or models, trademarks, or copyrights can protect the physicalisation of ideas. If you have invented or designed a new product, then securing a patent legally stops others from copying your product.


Here are some terms you need to be familiar with:

Patent

It is critical you do not file for a patent on an invention that is not new to the market. To protect your invention, you must file a patent -- there is no such thing as a silent patent, just like with a copyright. First, you will want to make sure that the protection that patents offer is sufficient enough to prevent copies of your ideas from being made in your industry. A patent gives inventors - like you - the protection of intellectual property, which prevents others, for a limited time, from making, using, and selling your invention without first getting permission.


Copyright

Copyrighting your work (the copyright symbol is (c)) legally protects your intellectual property from being used by anyone else without your permission. Registering a copyright gives you considerable extra rights to pursue a lawsuit against anyone illegally copying your work. A copyright protects your ideas if someone makes a carbon copy of your code. Copyright ensures the law protects your right to own an idea.


When you hold the copyright protecting your idea, you are free to do what you like with the software product. You cannot copyright abstract ideas, because the copyright protects what is called the expression of your work. If an invention falls under the umbrella of something that is more artistic, chances are that you will want to get copyrighted. Copyright laws are designed to protect the creativity and efforts that went into developing a product from a source idea.


Ideas

No protection is given to ideas as long as an idea is merely in someone’s head; copyright laws protect the forms of expressing ideas, not the ideas themselves. Copyright law protects against the unauthorised copying of packages or products (but not of functional features) ornamental and distinct from others, which, by their use, come to be recognized by the public as having originated with a particular source.


Documentation

Trade secrets, non-disclosure agreements, and patents are all excellent ways to protect your invention or new product idea and to ensure it remains yours from its conception, throughout the course of product development, and over the years. Whether you are an artist creating works of art, a start-up founder, or an inventor creating the next household name, having IP protections in place can give you the best possible chance to succeed, whereas lacking them could mean that you are likely more likely to have your idea stolen. For many startup apps, especially apps that depend on a critical mass of users, protecting your ideas using IP laws can be incredibly challenging. Your idea or concept should remain a secret until it is materialised and officially protected; such as through a patent, trademark, or copyright.

Be very careful talking about your idea to anyone, copycats are rife. Seek out a specialised Patent Attorney, to discuss all your requirements to protect your idea(s)


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