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Can ammas suggest the procedure for Patenting/Copyrighting an Idea?
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Hi Urmila:
Thank you for the query.
A very interesting question! Thank you once again :)
Urmila, unfortunately, under the premise of intellectual properties, a idea cannot be protected. A copyright is meant for author or artist or software developer for the expression of original "work" they did. The term "work" here bears importance.
Work means tangible medium of expression. The work may be original literary work, dramatic ,work, musical recitation, artistic, related to sound recording, etc. Infact, copyright takes birthe immediately upon the original creation and fixation thereof. Now, creation involves IDEA, but idea in itself does not suffice! The idea has to be in form of a tangible work (as laid out above) and then it needs to be fixed.
Having considered legalities involved in copyright procedures, let us examine if idea can be patented. Patent protects inventions! Purusant to provisions of 35 USC 101, "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title"
Incase of Patents, mere "concepts" do not work. Agreed, idea is the first step in the process of invention, however the element of conception (concept + expression of concept) is a requisite. All in all, your idea needs to be demonstrated either by way of a copyright or a patent. I hope I am not complicating things here.
To conclude, though idea is the primary step involved, mere idea does not suffice on the basic grasroot of intellectual property law. An essential ingredient which concludes granting of either property is embodient in some form.
So, what do you do?
There is only one way to protect an idea. This applies only in case you are selling/sharing/exchanging idea commercially. You may approach a qualified attorney and get a confidentiality agreement drafted. The various provisions of the contract shall govern your rights and protect your ideas and other essentials associated therewith. A confidentiality Agreement need not be very comprehensive (unless idea is complex)
Urmila, I suppose the above clarifies the position. Please feel free to request further inputs and/or clarifications.
Kind Regards,
Sunil Thacker
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