Salt Lake City, UT asked in Patents (Intellectual Property) for Utah

Q: How can I get paid for an idea that I've submitted as a product to Kraft who didnt want but most likely will use later?

They said they weren't currently excepting ideas. But I know they still collect them and just vamp it up to make it different.

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: Do you have a patent application filed for the idea? If you receive an issued patent on your idea in the United States, then Kraft and everyone else will be subject to a law suit from you if they use in the United States the specific idea covered by one or more claims in your issued patent.

If you have filed a patent application and it gets published, then you can send a provisional rights letter to Kraft to warn them that if they practice the claims in your published application and then you actually get those claims through the patent process, that they are liable for any infringement between receipt of the provisional rights letter and the issue date of the patent, plus post issue date damages.

If you did not file (or will not file) a patent application, then you cannot secure rights under patent law.

If you had a signed agreement with Kraft that they could evaluate your idea but not use it without your permission, then you may be able to sue under contract law or perhaps under trade secret. You would need to contact competent counsel in your state and show them the full set of correspondence between you and Kraft. There may be other non-contract legal theories that may apply so you would need to have an attorney review all the facts.

I hope this helps.

Kevin E Flynn

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