Expert: Rene Hasekamp - 6/12/2011

Question
QUESTION: Hi Rene, thankyou for this chance to ask you a question.
I live in England.
Il try to word this question without giving my idea away!!
I have an ideafor a paint product. I think the theory to achieve this product is ok but the actual process/chemistry involved is far above my knowledge. I think if the product is achievable, then a paint company would be able to achieve the product far better than myself. In short, I have the idea but they have the expertise.
What would be my best approach to getting this product to market?
I am guessing I should approach a paint company with the idea?
I have heard of a non disclosure form?
Could I approach them myself-would i need a lawyer?
What are the best ways to safeguard my idea?
Could they respond by saying they had already thought of this idea?- would they need to prove that they have?
Any thoughts you have would be much appreciated.
Thankyou.

ANSWER: Hello,

Normally I would advise you to apply for a patent before you start negotiating with anybody. But your problem seems to be that you cannot disclose your invention in a patent application in such a way that it can be applied by a person skilled in the art. And that is a requirement for a patent application. If you could write your idea down in such a way that it can be applied by a person skilled in the art (consult a patent attorney!!), you should apply for a patent first and then start to talk to a paint company.

If you cannot apply for a patent first, you simply have to hope that the company you want to talk to is honest. You would, however, not be the first person who sees his invention appear on the market under the name of a third party. Practice has shown that it is very difficult and expensive then to claim it as your invention.
Yes, you could ask the company to sign a non-disclosure form before you talk to them, but I doubt if they would be willing to do so.

You also could of course also trust the paint company and disclose your idea to them, and try to sell it to them anyway (without having applied for a patent first). If you are lucky this might succeed. In that case I would take an attorney with me!

What you could do anyway, apart from all the  above, is to deposit your idea with a notary, before you disclose it to anybody. But that will only give you only a weak protection,

Hope this helps.

Regards,
Rene Hasekamp

---------- FOLLOW-UP ----------

QUESTION: Thankyou for your reply.
Just one follow-up please.
It would be difficult for me to obtain a patent both technically and financially.
You say they may be reluctant to sign a non-disclosure form. However, if I do get them to sign this does this offer me protection from my idea being used without my consent??
Briefly, what does a notary achieve?
I am just trying to find the next best wayto getting protection without a full patent.
Many thanks.

Answer
Hello,

I said they will be reluctant, because they probably believe that they are the ones who have to offer more than you. If they sign, you have their word. That's it. It does not give you a real guarantee.
A patent application does. It is a registered document from a government agency that has the "monopoly" to grant patents.
A notary is considered to be a trustworthy person, who keeps all kins of documents, with consent of the government. A judge, for instance, will trust his documents.

Many countries have a financial provision for people who cannot afford to file a patent application. I would not be surprised if England has one too. Please inform at the Patent Office.

Hope this makes everything clear. A patent application will be the first, second and third best option in my opinion.

Regards,
Rene Hasekamp.