Disclosing innovative product to VCs before patent filings


0

I have this brilliant idea for an educational gadget for children. I don't have patents filed yet but want to talk to VCs regarding funding. How do I protect myself?

Legal

asked Apr 28 '12 at 04:59
Blank
Kamal
1 point
Get up to $750K in working capital to finance your business: Clarify Capital Business Loans

3 Answers


1

The chances of you actually getting a meeting with a VC to discuss an "idea" are extremely small, unless you have a pre-existing relationship.

The chances of a VC stealing your idea are even smaller still.

So in short - you don't.

answered Apr 28 '12 at 07:10
Blank
Nick Stevens
4,436 points

1

I've filed a few (UK) and worked with a couple of patent attorneys. The advice is never to disclose until you've filed. If you do disclose you need an NDA signed otherwise your patent is in the public domain and hence void.

VSs are generally reluctant to sign an NDA as this could quite easily lead to future conflicts of interest for them.

You basically need to file now so you can freely discuss and promote your idea.

answered Apr 28 '12 at 20:57
Blank
Ttt
51 points

0

Be careful, I'm not a patent attorney, but public disclosure meant that you only had one year to file a patent application or your disclosure became prior art and barred you from obtaining a patent. There is some disagreement as to what the new America Invents Act means to this provision, but I wouldn't just go around telling others about my invention.

I would talk to a patent attorney and see if looking for investors counts as public disclosure and if having them sign an NDA affects that in any way. If you truly believe your invention is patentable and are looking to obtain a patent, you need to talk to a patent attorney.

answered Apr 28 '12 at 07:57
Blank
Stephen Burch
915 points

Your Answer

  • Bold
  • Italic
  • • Bullets
  • 1. Numbers
  • Quote
Not the answer you're looking for? Ask your own question or browse other questions in these topics:

Legal