Patent and Invention Help Forum

Prototyping and IP

Prototyping and IP
« on: June 11, 2018, 10:13:53 PM »
If I hire someone to help me with prototyping, what stops them from stealing the idea?   Does the act of prototyping not create 'prior art'?

Brad

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Re: Prototyping and IP
« Reply #1 on: June 12, 2018, 10:01:13 AM »
Simply making a prototype does not create "prior art" because its not available to the public and you are not offering it for sale yet.

I think there was an old case where someone tried to sell or license their prototype which actually did create prior art so I would not do that.

If you are worried about someone stealing your idea here are some things people generally do:
-File your provisional patent application on what you think the invention should look like BEFORE you hire a designer.
-Have your designer sign a NDA with restrictions on what they can use the information for.
-Have your designer sign a "work for hire" agreement that gives you ownership of the ideas they come up with

(This is not legal advice and you should consult an attorney in your area for help with any of these contracts)



My free patent template: https://patentfile.org/free-provisional-patent-template/

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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Jesse M. Godines

Re: Prototyping and IP
« Reply #2 on: August 25, 2018, 07:27:12 PM »
That is Excellent Advise brad, I'll remember that when I cross that Road!