Can I protect/profit from an Idea I have that would benefit a company I used to work for ?

18 replies
I used to work for a big company and have come up with an idea that would help add/change for the better what they do.

Ex. I used to flip burgers for a company and I know how they make their burgers. I no longer work for them, but I now know how to make their burgers better with a modern system. And none of their competitors are using this, but will once they see the giant using it. I did not invent the system, I only know that it will apply to them and how it could work/improve the way they do things.

Other than talking myself into wanting a burger, How can I protect myself from them just taking my system and doing it themselves once I've introduced it to them ?
#benefit #company #idea #protect or profit #work
  • Profile picture of the author art72
    I am NOT a lawyer, but if it's a "Biggun" call a Patent Attorney. I did this once some 7-8 years ago for a 'tracking device' for children in a bracelet that could only be removed by a key.

    EDIT: If it's already patented, you can try to recreate it and make it better. Or you can attempt to mediate the deal with some "Ninja" Marketing skills, which you'll likely find here.

    No sooner did I contact the attorney and schedule a consultation appointment, and before it came to be there was a HUGE news broadcast about a similar product for 'the opposite' which was 'aimed' at those charged with kidknapping and sexual battery charges, etc...

    I probably could've still went forward, but feared the technology had already been patented, and I was late to the dance.

    All the Best,

    Art
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    Atop a tree with Buddha ain't a bad place to take rest!
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  • Profile picture of the author tpw
    Originally Posted by Big Gee View Post

    Other than talking myself into wanting a burger, How can I protect myself from them just taking my system and doing it themselves once I've introduced it to them ?

    You can always patent the system first, before talking to them.

    That is what most people do, but that is an expensive process.

    Even with the patent in hand, your customer could steal it from you and not pay you the royalties.

    For example, take a look at the story about intermittent windshield wiper systems.

    This will give you some indication as to whether your idea is worth pursuing or not.

    If you decide to try to sell it to them directly, go to the corporate office instead of the local store. Don't mess around with the little people who cannot get anything done.

    But realize that you will be completely gambling on the integrity of the person you talk to at the corporate office.
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    Bill Platt, Oklahoma USA, PlattPublishing.com
    Publish Coloring Books for Profit (WSOTD 7-30-2015)
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    • Profile picture of the author Jon Patrick
      I agree that making some kind of improvement to the system's design and filing a patent of your own might be the best way to approach this. If you go that route, one way to ease your way into the patent process is to file a provisional patent. This costs less than a normal patent, protects your invention for one year, and allows you to use the term "patent pending."

      One thing to remember, though, is that you will have to find a company to manufacture the system for you. But if you have a big sale ready to go, you won't have much trouble finding interested parties. You will also have to work out an arrangement with the manufacturer of the current version of the system, since you'll be building on their patent with your improvement.

      The best manufacturers to approach for any new, patent-protected product are the ones which already manufacture similar products. That being the case, the current manufacturer of the system you're referring to may actually be the best company to produce your improved version. You could improve on their system, patent your improvement, and approach them with the possibility of a big sale on the new version of the system.

      As an alternative, you could simply approach the manufacturer of the system and work out a deal under which you will be paid a fee if you are able to sell their system to your former employer. But you'll need to stay tight-lipped when they ask who your sales prospect is. They will try to pry that information out of you.
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  • Profile picture of the author Alexander K
    Good advice above.

    How far up the food chain were you in the company? Do you have contacts with those higher up? Were you viewed as a highly valuable employee?

    Just shooting from the hip, but if you were highly valuable and had high level contacts, perhaps they would be willing to sign something that would protect your idea, before you explain the idea to them? Then if they like it enough, work out your royalties.

    Of course, that seems unlikely, especially if you weren't very high up the food chain.
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  • Profile picture of the author Vendzilla
    even protecting yourself by having a dated copy of your idea in your lawyers office is better than nothing
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    • Profile picture of the author Bill Farnham
      Originally Posted by Vendzilla View Post

      even protecting yourself by having a dated copy of your idea in your lawyers office is better than nothing
      Wrong. This is actually worse than nothing because you would be deceiving yourself that you have somehow 'protected' an idea where in fact you have done nothing of the sort. And if you found an lawyer that would play that game you just got screwed twice.

      ~Bill
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      • Profile picture of the author Vendzilla
        Originally Posted by Bill Farnham View Post

        Wrong. This is actually worse than nothing because you would be deceiving yourself that you have somehow 'protected' an idea where in fact you have done nothing of the sort. And if you found an lawyer that would play that game you just got screwed twice.

        ~Bill
        As I stated, it's better than nothing, as history tells, protecting your ideas is not an easy task. If you have an idea for a great movie, you can't tell anyone, they don't want it from you. You have to go thru channels.
        For an idea like a product or a procedure that improves something, you should get a patent.
        I have an idea I'm going to pitch next week, but I know the person I'm pitching it to.
        I did pitch an idea to Playboy once, it was to take a digital picture frame, put a plastic bunny head on it and load it with every centerfold put out since day one. Christie loved it and another idea I had and called me brilliant. But it never came to be.
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        • Profile picture of the author Bill Farnham
          Originally Posted by Vendzilla View Post

          As I stated, it's better than nothing,
          Arguing over a point that you believe to be legally useful when in fact no such legal protection exists outside of the realm of folklore is certainly your prerogative.

          I commented on it because I would not wish others to mistakenly believe that the advice of "protecting yourself by having a dated copy of your idea in your lawyers office" has legal merit. It doesn't.

          ~Bill
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  • Profile picture of the author Big Gee
    Here's the deal, I hate the company I used to work for, I was low level peon status. I was unjustly released to the point I felt like I should file a case against them. That being said,I decided not to because I believe in one door closes another one opens. Which has led me here to internet marketing. Seriously what better way to get back at them than having THEM pay me $$$$ or maybe one of their competitors !

    Without anymore examples of how simple this would be, here is my last one. They use stamped letters, I use to send their stamped letters. I now do im and know how to set them up with SmS.
    So you see how I have not uniquely invented anything, I just know that using SMS would enhance their message they wre trying to get across. I wouldn't mind a large one time consultant fee and a fee for not going to competitors and explaining my system. But of course residual would be fantastic.
    I cannot afford to go to corporate, they are on the other side of the country. All I could do is maybe send an email to the higher ups or the State level district managers
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    • Profile picture of the author Richard Tunnah
      So really what you're going to have to do is sell the benefits of using sms rather than traditional mail and why they should use you. You can probably find the right people on linkedin - names etc.
      Maybe you can offer to do it on a small retainer upfront with an ongoing percentage of the sales you can get for them via sms.

      Good luck.

      Rich
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  • Profile picture of the author Big Gee
    ok thank you everyone for the advice, I appreciate the response. I am stuck now though.
    1) It is way too big of a project for me to handle, they would have to create a new department to manage it.
    2) I say this because the way they run their business, they will not want it to be handled by a third party.
    I like the linkedin idea, maybe I will test the waters there. Again thanks to everyone.
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    • Profile picture of the author rhinocl
      Positioning determines what you can make and your position sucks. You can't charge a fat consultant fee if you can't fly to corporate headquarters. Maybe you can find a big time consultant who lives near you who would be willing to partner with you. You call the company you used to work for and introduce him to the local management. He gets them to introduce them to corporate and he flies up there. You get a part of his consulting fee.
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      • Profile picture of the author Big Gee
        Originally Posted by rhinocl View Post

        Positioning determines what you can make and your position sucks. You can't charge a fat consultant fee if you can't fly to corporate headquarters. Maybe you can find a big time consultant who lives near you who would be willing to partner with you. You call the company you used to work for and introduce him to the local management. He gets them to introduce them to corporate and he flies up there. You get a part of his consulting fee.
        I can see your point. I cannot walk the walk ...yet... so why would they bother with me. Ill figure this out.
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  • Profile picture of the author Vendzilla
    Big Gee , I need a 15th post to give you a link, next post
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  • Profile picture of the author Vendzilla
    How to Protect Your Invention When Pitching It | Nolo.com

    Chances of getting a NDA are slim, I know this from experience
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    • As a patent attorney, I represent clients with new ideas/inventions that are being pitched to larger companies. I'm almost always able to get an NDA in place.

      Vendzilla is correct, if this is a product or a process, you should get a patent application on file before talking with any company about your idea. I recommend this to all of my clients and this is the way that I work with them.

      A provisional patent application can be done inexpensively and can be filed quickly to give you patent pending status, which also carries a little weight when presenting your idea.

      I'd recommend the following:

      1) Have a patent application on file before talking with any company or individuals about your invention;

      2) Get an NDA in place before having any detailed discussions. Here's why: you have the provisional patent application on file. Provisionals don't publish. If you decide to keep your product/process idea a trade secret, you can abandon the provisional and it will never be public. Having an NDA in place would then protect you if you were to go the trade secret route.

      Steve
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      Steve Aycock, Patent Attorney
      Cygnet IP Law, P.A.
      Patents ~ Trademarks ~ Copyrights
      Visit my website to learn how to get a patent.
      or call 863-514-8077 Office: Lakeland, FL

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      • Profile picture of the author Bill Farnham
        Originally Posted by Vendzilla View Post

        even protecting yourself by having a dated copy of your idea in your lawyers office is better than nothing
        Originally Posted by StevePatentAttorney View Post

        As a patent attorney, I represent clients with new ideas/inventions that are being pitched to larger companies. I'm almost always able to get an NDA in place.

        Vendzilla is correct, if this is a product or a process, you should before talking with any company about your idea.
        Steve,

        Hopefully folks won't interperet your response as to mean Vendzilla's first comment was correct.

        And I agree, as a professional inventor getting NDAs in place is SOP and not that hard. Finding the funds to get a patent application on file, however, can be a much harder task for some.

        Welcome aboard.

        ~Bill
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        • Profile picture of the author Kay King
          I guess I don't understand where the "invention" is...

          I did not invent the system, I only know that it will apply to them and how it could work/improve the way they do things.

          Why not look in the other direction? You know of an "invention" on the market - instead of trying to impress a company that wasn't impressed with you when you worked there....maybe there's potential in approaching the company that sells the "invention".

          Maybe you've found a market for their product they didn't think of. Maybe your work experience in that industry could help them out.

          kay
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