If someone has an idea for a product can they copyright or patent just the idea when they have not made the product yet?

In: Intellectual Property

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Patent Law

It has been stated that you should: "write it all done seal in a envelope and send it in the mail certified to yourself. that way once you get the product made you have dated proof that the idea was yours and no one can steal your idea. also that way if it takes a long time to get the copyright you will already have a legal certied proof that the idea was originall your."

However, certified mail is NOT a substitute for a patent or copyright. It may provide evidence of a date before which the idea was developed, but is not proof of origin. Furthermore, copyright does not protect ideas in the slightest.

In most places, there is no requirement that you build a prototype or 'reduce the item to practice' before you may file for a patent. The initial patent application description of the invention must be complete enough so that a person with ordinary skill in the area of the invention could make and use the item -- things they may not do without your permission, once your patent is issued.

Protecting product ideas

The best thing to do is to contact a qualified patent attorney immediately upon conceiving a new invention that may be valuable. There are mistakes that can easily impair protection of your invention permanently. See related answers on obtaining patents.

"Certified mail" is unlikely to provide the type of protection required for a valuable product idea. Keeping something secret in an envelope does not prevent anyone else from independently developing and patenting the same invention before you do. Trying to sell the product before you file a patent application could be a big mistake.

First answer by ID1183341050. Last edit by Wutzyerproblem. Contributor trust: 536 [recommend contributor]. Question popularity: 22 [recommend question]

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