Brooklyn, NY asked in Copyright and Patents (Intellectual Property) for New York

Q: I HAVE IN MIND AN INVENTION . HOW DO I GO ABOUT IT

2 Lawyer Answers
Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Scarsdale, NY
  • Licensed in New York

A: This depends on entirely on what you invented. If you invented something physical, like a new toy or video game, a formal copyright with the Library will HELP, but pending further details, will not entirely suffice. In such an event, you should apply for a US patent on the invention. Many law offices both offer copyright and patent services ( our firm, for example, can make a legal copyright for you and file it with the library of congress for a flat rate of $300; patents are much more complicated and thus more costly. You are free to contact my office for a free phone consultation, or schedule an in person consultation for a small fee of $25 ( to cover costs and expenses and the review of said invention.

All that said, I am going to give you a practical solution that generally holds up in court right now. Finally, I'm going to use and musicians new CD as an example but this applies to anything you can physically send in the mail, or a dated in-depth description of the same.

Here's what you do ( i'm giving you one of my favorite tricks :):

If you take our hypothetical, The musician must put a full and complete copy of his new CD, along with any artwork etc contained on the album, into the mail and addressed to said musician (thus u should put what you invented, or a written description of what it is and why it should be protected) in an envelope, or any sort of appropriate shipping container, and MAIL IT TO YOURSELF (in our hypo, a cd)... once you receive your own package of mail back to yourself; it will be TIME STAMPED by the post office ( I recommend USPS first class mail). Once you receive the parcel with mai once you receive the parcel with mail/package back, hide it or lock it in a safe WITHOUT EVEN ATTEMPTING TO OPEN THE PACKAGE. Then you are good if; someone tries to copy your idea, you can immediately bring them to court along with said time-stamped envelope or box; The date stamped on the parcel Will be proof sufficient to prove that you were the one who actually made the invention, not to defend it. This is known in the legal world as a "poor man's copyright"... and it works too. The only problem is, with this sort of protection you basically have to wait for someone to steal your idea before you can take them to court… at the very least you should do this today, or is soon as possible, regardless of whether or not you're going to hire an attorney to officially copyright or patent the invention.

With an actual copyright or patent, depending on the product, said product will be noted as "C" or "patent pending", and people will be deterred from stealing your idea in the first place, preventing the need for court. That said, the "poor man's copyright" is extremely beneficial in the event this is not done. Furthermore, it is still beneficial if you have the copyright filed with the Library of Congress, or a patent, as it serves as additional dispositive evidence that you invented whatever you invented first.

We have flat rate specials for copyrights, trademarks and patents, so please contact us for free phone consultation and will be happy to provide the same.

Execute a poor man's copyright today and call me if you have the need for further advices; I hope this answer has helped you.

Again, mail the invention or description of it to yourself today! It is better to be safe than be sorry.

Truly Yours,

Aubrey C. Galloway III, Esq.

914-912-1555

AG3LAW.COM

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: You can file for IP protection if it is indeed a novel invention.

See: http://www.aeesq.com/business-law/intellectual-property-attorney/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in California, New York, Massachusetts, and Washington, DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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