In my earlier blog, I suggested that an inventor/entrepreneur must ask
and answer five questions before deciding to start a new business.
Here is
Question #1: Does any other person or entity own this idea, invention, or
innovation?
My comments and answer. An idea by itself is not legally protectable
unless kept as a trade secret (and not made public somewhere else) and even
then another person or entity may come up with the same idea thus negating its
value as a trade secret. An idea should drive further thought and, ideally, the
creation of an innovation, a way of solving a new or existing problem
differently and in a better way. The
innovation should manifest itself, for instance, as a product that offers
improved benefits or profitability. The innovation may also be a new or
improved service or manufacturing process. The innovation must involve the
development of technology that is new and unique. Innovations are best secured in the form of a
patent though some may be better preserved as a trade secret. For something to
be patentable it must satisfy a number of requirements (the subject of another
blog), but the patent basically describes an invention. Patents are property and assets and offer
important legal rights and protections for its owner.
So, the answer to Question #1 must be NO, of course, but the most
important part of the question deals with the question of whether the invention
is owned (and patented) by another party. The inventor/entrepreneur must be
absolutely certain that any technology to be developed based on the idea,
invention, or innovation is unique and provides the underpinning needed for
securing legal protections (e.g., patents, software that may be kept as a trade
secret, or perhaps copyrighted). This
means the entrepreneur and patent attorney must perform a good amount of due
diligence on technology and patents before having certainty that the answer
must be NO in order to proceed.
Looking forward, if an entrepreneur anticipates taking-in professional
money, then it should be expected that investors will diligently research
competitive technology positions especially the patent landscape. For
investment, the technology and legal positions (both current and anticipated)
must be robust – reducing technology risk to near-zero is a prerequisite for
investment.
All questions and contributions are welcome.