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Copyright & Patents/Protection of idea

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Question
Dear all

I have an idea about internet site that would be very helpful  in specific industry in Europe. I have already the domain name and front page created Now I would like to contact some  of the bigger companies in this specific industry with this idea. I am scared that if I present them my idea/business plan they will listen and then say NO and immediately copy my idea on their own after I exit the doors. How can I protect myself in this matter please?
Thank you

Michaela  

Answer
Ideas cannot be protected.

Patent law is made to protect inventions (products, apparatus, processes) and Copyright law is mde to protect "works of Art".

I believe your idea can not be seen as any of the above.
So, in my opinion a real "protection" is not possible for your idea.

I see no way to modify it in such a way, that it could be seen as an invention (process, product with a technical novelty and inventive step).

Therefore the only thing left would be to write your idea down, and state that it is your copyright. Then you have to hope that others will respect your copyright pretenses. There simply is no IP right that covers ideas. Copyright comes closest.

Copyright does not have to be registered. It exists the moment your "Work of Art" has been created.

A date on which your idea was created can be important. Others should not be able to say they had the same idea earlier. For that reason you could register your idea with - for instance - a notary. Just for the date.

Again, I give you no chance that you could uphold your "copyright" claim in court, but claiming copyright seems the only straw there is for you.

Regards,
Rene Hasekamp.

Copyright & Patents

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Rene Hasekamp

Expertise

I can answer questions about European patent law and practice. My experience mainly lies in the Dutch patent practice. I am not familiar with other patent systems than the European and Dutch systems, although I am familiar with general issues regarding patents. Please don`t ask me questions, specific for US patent law or any other non-European patent law.

Experience

I have been a patent examiner in the Netherlands Patent Office for 35 years. Now 9 am retired. I have been a deputy judge for patent cases in The Hague's District Court from January 1991 until June 2011.

Education/Credentials
I graduated in Chemistry and Law at Leiden University. I have worked in the Netherlands Patent Office as an examiner for 35 years until my retirement in 2003. I was appointed as a honorary deputy judge for patent cases in 1991. After my retirement I still work at a few cases on patent law in The Hague District Court.

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