Saugus, MA asked in Business Formation, Intellectual Property and Business Law

Q: I was a Director for a national company. We sold to GrubHub for millions on a cash deal. I have a compant idea.

I have an intellectual property idea worth a lot of money as no competition yet exists. Investors are offering funds how can I protect my IP? So it’s not ripped off or stolen if I present it to VC’s or companies? Contact : 781-307-5642

Thank you very much.

I put detailed information about my IP as well as some people who I explained some of the idea to, mailed it to myself via priority mail so both myself and post office has dates on the mail, left it unopened and stapled my sheet to the package. This proves the info and who has knowledge of it and the date and left unopened. Only thing I could imagine to protect myself if someone tries to steal any of the information.

1 Lawyer Answer

A: Protecting your idea depends on what it is. It could be patentable. It could be kept confidential as a trade secret. Or it could be copyrighted (e.g. computer code). It all depends on what it is you're trying to protect. If you are serious about investing in your business, expect to budget several thousand dollars exploring how best to protect your intellectual property with a lawyer who has broad intellectual property experience so that all possible forms of IP can be explored concurrently.

Regarding mailing the information to yourself, that is ineffective under the America Invents Act (AIA), which became law in 2012. The United States is now a first to file country, and no longer adheres to the first to invent for priority. Any information online suggesting that is a good practice is long outdated and should not be relied upon.

Good luck!

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