Where do I begin with my Great Idea?

I have an idea for a computer program that I would like create and sell. Actually, I would need to hire someone to create it for me as I do not have the skills to create the program. I am at a loss as to where to begin this process.

From the research that I have done, I don't think that I can copyright my idea without having the actual program. I can't create the program without discussing my idea with outside sources (such as a programmer, my data sources, etc). I am afraid if I discuss my idea with to many people, someone may take the idea and use it themselves.

Can anyone offer input as to how to get the ball rolling? I actually have the idea started as an Excel file. Would that be something that I can copyright? I just don't know where to begin.

Marianne

Patent protection is available for truly unique computer programs. But not for pure "ideas". Patents can be relatively expensive and require a patent lawyer first to search (is it unique, did someone else patent it or something similar, is is common knowledge among software professionals and thus unpatentable) which is not major expense, and then to prosecute.

Read the section on Patents on FreeAdvice.com.

Actually, I did read the section about Patents on FreeAdvice.com and also the section on Copyrights before I posted my message. From what I can tell to get either a copyright or a patent the work (computer program) needs to be complete. I feel this is a catch 22 situation because I can't create my program unless I discuss it with other people and I am afraid to discuss it with other people for fear of the idea being taken. The only thing that I found that may apply to me would be for me to have people I discuss my idea with sign a confidentiality agreement.

So, I think I will procede from here. I will write my idea on paper if full detail. Either get it notarized or mail it to myself and keep it sealed to prove the date. Then I can begin the process of actually creating the program and have the programmer sign a confidentiality agreement.

Does it sound like I am on the right track? Will this cover me legally if someone I discuss this with were to steal the idea?

Thanks,

Marianne

I'm a self-employeed software engineer. Here's how this works:

You need the programmer to sign a Non-Disclosure Agreement, as well as a Trade Secrets agreement. These are standard fare in our industry, and requires little research to dig up (or have an attorney do it). These are the same contracts a multi-million dollar VC backed venture uses, as well as companies such as IBM, microsoft, oracle, sun, etc...

Warning: be carefull about using an independent contractor, as you could run the risk of the IRS reclassifieing him/her as an employee of yours, in which case you'd have to pay all the back taxes, penalties, etc., EVEN IF THEY hHAVE ALREADY PAID THE TEH TAXES THEMSELVES. Research the "20 questions" the IRS uses as a guideline for independent contractors. Technology workers were specifiacly signaled out in a negative manner by congress in regards to independent contractors...

Also, the billing rates for technology contractors could come as a shock if your new to this. You could easily be looking at the $100/hr mark for an experienced programmer, and significanlty more depending on what city you live in. With some luck, you may find someone in the 50-60/hr range, but it would be an H1B visa worker who is still very new in the country so they would have very few references to check - after a few years here their rates are the same as everyone elses.

Thank you Jason for your informative reply. I appreciate your input. I was wondering what it would cost to hire a contractor. Since I live near the Silicon Valley in CA I am sure the rates are that high if not higher.

This is probably far fetched but I was hoping that maybe I can write the program myself. I have just started learning VBA. I am still a beginner, but a fast learner. I was thinking that maybe I could do as much as I can by myself and have an advanced programmer fix my mistakes and complete the project. I also have a lead on a programmer that may be interested in doing this for me.

By the way, I also found another website that explains the steps involved in creating a new invention. From what I have read, my original plans are right on track.

Thanks again,

Marianne

Marianne, I urge you to go do it. Sounds like it beats taking photos of bird poop.

JasonL's advice is sound. Have those agreements executed.

You need final product to copyright or patent.

Good luck!

law student advice

Alright Marianne, a few things: First - don't do the old "send it in the mail to myself" trick. The patent office doesn't really care if you do that or not. The most it would do is give you a false sense of security. Second - do NOT have anything you draw up as your invention notarized. The PTO may determine that you have thereby "published" your invention, and once publicly known (even by ONE person, and ANYWHERE in the world that has been publicly accessible) they may deny you the patent. Third - DO use confidentiality agreements with everyone that will agree (hint: Professional investor will not). You may even try one with the notary, although for reasons above, not recommended. Finally - DO file a provisional patent application with the PTO. This will certify that you have invented it first by giving you evidence of such with the only organization that matters: USPTO. Check out the following sites: http://www.uspto.gov, and http://www.cades.com/pubs/html/int_prop2b.html

And good luck! And remember that 95% of patents become useless!

Adios!