Question regarding patenting

Liber8or

Just a quick question;

I have an idea I would like to propose to a person who runs a business, however I want to ensure it remains my idea and can not be stolen should the person decide to reject it now, but take it up as his/her own in the future.

What is the best/safest/quickest way to ensuring this idea is safe-guarded as my own?

Thanks for any help!

EDIT: In your opinion! So as to adhere to Boards' rules.

FreudianSlippers

what type of "idea" is it (eg. machine, process, biological, improvement) and how far along are you in the creation of the product (eg is it just an idea or do you know exactly how it will work)?

Liber8or

It is purely an idea. A concept for improving a business ethic and distribution. There is a product involved, but I don't have the means to adapt the said product yet.

For example: Let us say I have an idea for using Product X on a car to improve its fuel efficiency. Product X is already an existing product but I am using it in a different way to what it has been used as normally before.

FreudianSlippers

There are 3 fundamental concepts to consider in the granting of patent applications:
1)Invention must be capable of industrial application: this doesn't mean that it must actually work in industry, it merely means that it must be capable of working.
2)Novelty: it must not be something that is part of the prior art. It also must not have prior disclosure which would enable the skilled person to work the patent.
3)Inventive Step: inventiveness has been clarified in the case law as simple "non-obviousness". The European Patent Office uses a problem and solution approach meaning they consider an invention to be inventive if it solves a technical problem.


If you don't know how the product works, you can't really patent it at this stage.

To answer your question, there is an exception to the prior disclosure rules in non-prejudicial disclosures. So, this arises where your disclosure was given, in confidence, to a third party and that third party breaches your confidence by either selling on the info or adapting it themselves. Problem is that this may be hard to prove.

You also run into one other problem from the info you've provided in that "a concept for improving a business ethic and distribution" would fall under non-patentable subject matter (covered by sections 9 & 10 of the Patent Act) - specifically 3) scheme rule or method for performing a menial act, playing a game or doing business or a computer program; and 4) presentation of information.

Using a product for a different purpose than originally intended would be patentable but remember that if it is at all anticipated, you won't be afforded protection.

Hope that answers your questions.

Liber8or

Yes, that helps a lot. Thank you.

Just to add, this product plays a role in the idea, but a key role nonetheless.
My idea is to suggest a new method or direction for an existing business. A element of this direction involves the product we have been speaking about.

Is my "business plan" or direction patentable? I know the product is not, but the plan is quite a transformation and (as I see it) would be most welcomed in terms of saving costs and improving efficiency. I want to ensure my idea for changing a business' current methodology with the use of this already pre-existing product (albeit altering it's use slightly), can be safeguarded at all? Bare in mind, this business is currently not using my plan already or anything similar, and it does not use this product either.

Thanks and sorry for dragging this on!

FreudianSlippers

In my opinion the new use of the product is the only potentially patentable aspect of your concept. Your business plan would almost certainly be non-patentable subject matter. As far as how to safeguard your idea when pitching it to the business, that's something you'd want to consult a solicitor about.

Liber8or

OisinT wrote: »

In my opinion the new use of the product is the only potentially patentable aspect of your concept. Your business plan would almost certainly be non-patentable subject matter. As far as how to safeguard your idea when pitching it to the business, that's something you'd want to consult a solicitor about.

Thanks again!