Protecting an idea?

askthedust

Say you have a business idea.
Like most things these days it's web based and requires some computing expertise.
It's a business and would require some expert advice in law, accountancy etc.

How would you start approaching people about getting the idea off the
ground without gifting it to someone who could take advantage of you?
i.e. rip you off.

Hypothetically speaking of course.

Axwell

Unfortunately you cant really. Your best bet would be to get an NDA (Non-disclosure Agreement) written up and have anyone you approach to work on the project sign it stating they cannot speak to other third parties about the idea.

helenaoneill

Hi
The only way to protect an idea (if it truly has something unique about it) is to put originals / copies of all relevant paperwork (designs/business plan/notes etc) into a sealed envelope. Then register-post it to yourself (so there is proof of dates/postage etc) and then hold onto it but don't open it. If there's any need to contest who owns the idea, you then get a solicitor to open the envelope and they can then vouch for your end of things. If you need to do this with more than one idea, use a seperate envelope for each one and write something on the envelope so that you know which is which. However, to contest ownership of ideas the ideas have to be interchangeable in the eyes of a customer.

I know it's nerve wracking, but you have to trust people to get the services / supports you need. Get recommendations from other people and, I've 15 years experience with new businesses, know that I've never met anyone remotely interested in stealing someone's idea - they usually don't have the skills or time, and are invested in their own efforts to build a business.

I hope this helps.
Helena

PaulPinnacle

helenaoneill wrote: »

The only way to protect an idea (if it truly has something unique about it) is to put originals / copies of all relevant paperwork (designs/business plan/notes etc) into a sealed envelope.

I've always wondered about this one.

I understand that it's one of the very few options available (I don't believe many professional services like the OP requires would be willing to sign NDA's as it would have serious impacts on any advice they could/would give to other future clients, or even their ability to take on certain future clients), in fact it's about the only one I can think of, but I have to wonder how well it would work in practise?

It just seems too open to abuse for it ever to be a really viable solution. I have images of questionable individuals sending themselves 20 odd unsealed registered letters (which shall later turn up as sealed and with great content inside) having read this so that they can claim IP rights to the next big thing. :P

Depending on the specific advice you're looking for, you can limit your risk by only giving out as much information as is required.

An accountant, for example, wouldn't need a technical knowledge of your product or service, simply the details on how you intend to operate to give you the relevant information. For legal advice, you'd have to give more detail (I'd assume), but as long as you're using a reputable professional the risks would be relatively minor (the impact of a legal professional giving away intellectual property like this would be a HUGE impact on their reputation and business). For web development work, where you need to disclose most/all of the information, you could consider having the NDA put in place, but you'd need to be very clear with exactly what is covered in it so that anyone requested to sign it feels happy to do so.

As long as you're using people that have a good reputation, as Helena mentioned, the risks associated with it are relatively low.

There's also the query of is the idea (or specific elements of it) patentable. However the costs associated with this could far outweigh the benefits, so one to be looked at with great care.

AstonMartin

Has anyone actually managed to protect an idea using self addressed registered mail or is this an idea of yours? i wouldnt bet the farm. op if your idea is so unique get a patent for the concept and save on the postage.

Axwell

AstonMartin wrote: »

Has anyone actually managed to protect an idea using self addressed registered mail or is this an idea of yours? i wouldnt bet the farm. op if your idea is so unique get a patent for the concept and save on the postage.

With the costs involved in getting a patent and the time it takes they wouldnt wouldnt be saving on postage.

AstonMartin

They would be saving on the postage if it wouldnt stand up in a commercial court.

We Were Promised Jetpacks

askthedust wrote: »

Say you have a business idea.
Like most things these days it's web based and requires some computing expertise.
It's a business and would require some expert advice in law, accountancy etc.

How would you start approaching people about getting the idea off the
ground without gifting it to someone who could take advantage of you?
i.e. rip you off.

Hypothetically speaking of course.

he question you are asking is based off the premise that your idea is unique and that someone without too many scruples is going to run off with it and leave you finished before you've started. This is flawed for a multitude of reasons, main ones being:

-There are very, very, very few unique ideas. Most ideas that people come up with are either a) ideas which are variations on existing ideas b) the exact same idea which might be executed in a slightly different way.

-Even if someone is in a position to 'steal' your idea, I'd venture that unless it really is dynamite, chances are they are probably not going to run straight off and do it themselves. Even if it is a fantastic idea, it may not interest them as such or they may not have the time, wherewithal or inclination to run with it.

Plus most people are relatively decent and wouldn't just rob it on you!

Notwithstanding all of this, you are right to be cautious - seek out someone you feel you can trust, and who may also be in a completely different area to the one you are in. Go to someone you can trust but who you feel will give good direction - this could actually be the enterprise boards, or a friend of a friend who may be in business themselves.

nice1franko

If your idea is ground-breakingly brilliant then go patent it

Otherwise, I wouldn't bother TBH. If the idea is a good one the imitators'll be hot on your heels and there's nothing you can do about it.

Instead, you'd be better off using the lead you have to concentrate on making your site the best and the most well known before the others arrive.

If you're still really paranoid then print out a generic NDA (http://www.google.ie/search?hl=en&safe=off&q=template+non+disclosure+agreement+&aq=f&aqi=g-c2&aql=&oq=&gs_rfai=). It won't work if someone's determined to rob your idea but, like an alarm to a burglar, it'll be enough to ward off most opportunists.

Whether you use a generic NDA or not, there's not much you can do even if you suspect someone has broken it: you'll need very deep pockets and lots of time to pursue the matter.

Statistically speaking, you've only a small chance of making this into a successful business so make sure you don't let keeping it secret ever overtake the priority of making it a reality and a success and remember baddies are really few and far between.

Best of luck.

J_Wholesale

I'm going to be harsh here, but it's a rookie question. Nobody cares about your idea. Ideas really are a dime a dozen, even good ones. It's the part that comes after the idea that makes it a success or failure - the implementation, not the initial spark.

Once your web business goes live, if it has any legs whatsoever, it will be copied, duplicated, and probably improved upon by somebody else, and there's nothing you do about it. You can't copyright web designs. Chances are you can't even copyright the idea. Impossible to say for sure without knowing what it is, but I'd be shocked if it was so original that it could be copyrightable.