Subject: New idea
Original Post
Bruce Rubin
Hi Marla and the EN Team,
As I wait for my ASOTV G7 to be presented I just came up with a new
product idea! I have the first prototype nearly complete and have
done a preliminary search with the USPTO. Looking good so far. In
terms of protection, can I submit to EN for the quarterly ASOTV LPS
without having submitted a patent application? How do I protect the
idea for now? I realize the answer is somewhere in the forums but I
haven't been able to find it. Thanks.
Bruce Rubin
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Support Staff 2 Posted by Marla on 30 Oct, 2009 05:10 PM
Hello Bruce,
You are not required to have a patent or patent-pending status of any kind to submit to one of the Live Product Searches on Edison Nation. If selected for commercialization by a retailer, Edison Nation will invest in any necessary patent applications, filings and maintenance. Your name will be included on any patent or patent application that we file on your behalf after your idea has been selected.
It is important as an inventor to keep a bound inventor's notebook. This allows you to write and sketch down your ideas, date it and have a trusted friend that is knowledgeable in the invention's field initial the page (this confirms that it is your idea and that it was created on that date). In the U.S. it is the first to invent, not the first to file. This notebook allows you to prove when you came up with the concept.
Thanks
3 Posted by Bruce Rubin on 30 Oct, 2009 05:24 PM
Thanks Marla. As the Idea was essentially created this morning, I would say that today is the "day of conception". There was a similar patent issued in 2008, however, the claims do not address my idea. I do not believe my idea is obvious to anyone skilled in the art, and I do not believe that my idea will infringe on that particular patent. I have taken photographs of the prototype which are time stamped. In lieu of a notebook, if I submit the idea today, along with photos, is that sufficient to prove that I am first to invent (assuming nobody else claims the idea prior to today's date)?
Support Staff 4 Posted by Marla on 30 Oct, 2009 06:14 PM
Hello Bruce,
You will have to use your discretion. However, you should also note when you submit an idea to Edison Nation you submit to a secure database, and if it passes our internal review we will have the search sponsor sign a confidentiality agreement prior to presenting any ideas.
Thanks
5 Posted by Bruce Rubin on 30 Oct, 2009 07:40 PM
Sounds like a good plan. Am I able to get a signed NDA from EN? Please pardon the paranoia as this will be my first time submitting an idea without protection. Thanks
6 Posted by Bruce Rubin on 31 Oct, 2009 01:33 AM
Please ignore last question. My submission is in. Thanks.