How do I legally protect my idea before selling or licensing it to a company?

In United States
Ultimo aggiornamento: Oct 19, 2023
I have a makeup product idea that I want to sell or license, not the product itself. It is influenced by a product that was recently launched. Therefore, I want to sell/license to the company that launched said product. After some research, I contacted a patent attorney who explained that you can only patent a product and not an idea. Which leads me to this inquiry, how do I legally protect my idea? Do I need an NDA?

Risposte degli avvocati

Damossy Legal Consults

Damossy Legal Consults

Oct 19, 2023
Migliore risposta

Patents are most frequently used to protect inventions. With a patent, you have the right to take legal action against anyone who uses or sells your inventions without your permission. To get a patent you must have an invention that is new – not a modification – so check thoroughly before you apply for a patent.

Patent is an exclusive right granted for an invention of a product or process, that provides a new way of doing something and the law that governs this right in Nigeria is the Patents and Designs Act. 

Under the Patent and Design Act, a combination of lines and colours or any three-dimensional form with or without colours is recognized as an industrial design and can thus be protected. There's a catch though. The catch is that such design must not have been in the public domain. Once again, this does not take into account the dynamism of the fashion industry that relies on trends and public acceptance of creative works. So there is protection, but with a limitation. Registration of a patent in Nigeria is carried out at the Trademarks, Patents and Designs Registry in Abuja. I can help you do this. 

Non Disclosure Agreements (NDA)

Most creatives will be familiar with what an NDA is but might not realize the importance of this seemingly procedural agreement. An NDA is an agreement that protects confidential information that might pass between parties to the agreement.

Apart from the fact that an NDA provides protection from disclosure of intellectual property (including trade secrets, proprietary information, and other confidential information), it also provides for more legal protections and options if another party does infringe on a patent or otherwise use protected information. Sign an NDA before sharing that business idea, model, design, beat or song.

Reach me out by visiting our profile and send us a message

P.O OHIKHENA & Co

P.O OHIKHENA & Co

Oct 19, 2023

Good day,

A patent will not be applicable since it's still an idea. You can go into an MOU(Memorandum of understanding) with the said company and also an NDA.

You can contact me for my insight. Visit our profile and send us a message

FAI UNA DOMANDA GRATUITA

Gratuito • Anonimo • Avvocati esperti

Hai bisogno di assistenza legale personale?

Connettiti con avvocati esperti nella tua zona per una consulenza personalizzata sulla tua situazione specifica.

Nessun obbligo di assunzione. Servizio 100% gratuito.

Esperti legali correlati

Ottieni assistenza personalizzata da avvocati specializzati in quest'area

15 avvocati
Immigrazione Societario e commerciale Proprietà Intellettuale +1 altri
Dal 2020
100 avvocati
Servizi bancari e finanziari Affari Societario e commerciale +1 altri

Tutti gli avvocati sono professionisti verificati, abilitati e con comprovata esperienza