How do I protect my business concept?
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How do I protect my business concept?
I need to understand intellectual property as it relates to protecting an idea. For example, I have an idea for a website. I would like to pitch this website to larger companies with the potential for partnership. How do I protect myself from these larger companies rejecting my proposal but stealing the concept for themselves?
Asked on April 12, 2011 under Business Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ideas generally are not protectable by intellectual property; intellectual property law (e.g. copyright, patents) protects the expression of ideas--how something is specifically written, or drawn, or software coded, etc.--not the idea itself.
You can, however, try to protect yourself by contract law. Have anyone you are considering disclosing the idea to execute a confidentiality/non-disclosure agreement first. The agreement will state that the idea is yours; it is being shared or shown only for purposes of evaluating a business relationship or investment; that the party being shown the idea has no rights to it and may not, without your permission, use it for its own or another's benefit or sell, etc. the idea to others; and that if/when discussions end or upon demand, the other party will return all materials to you and destroy all copies, notes, etc. in their possession.
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