During the assembly phase of your creative project, you will be brought to speak about your idea to many interlocutors. Can your idea be protected? How can you not make it usurp? Are there any precautions to take at this point? Here’s what you need to know about the issue.

The idea, as such, cannot be protected

Is your creative idea new and original? Unfortunately, it will not be possible for you to prohibit another entrepreneur from taking over and creating a competing business to yours with inventhelp. The idea “in itself” cannot be protected. Only the form in which it is expressed can be an invention, brand, literary or artistic creation, design, etc.

For example, if you launch an online service of private piano lessons for adult beginners via Skype, you will not be able to oppose the creation of another competing site on the same theme.

On the other hand, if your method is completely innovative or if you have found an original name that identifies your concept, they can be protected under:

  • Copyright for the method,
  • Trademark law for the name.

What can be protected?

An invention: protection is obtained by issuing a patent or a utility certificate with the INPI. To be patentable with inventhelp, your invention must meet 3 criteria:

  • Present an absolute novelty character (it must never have been disclosed to the public),
  • Not result from an obvious state of the art. In other words, it must demonstrate genuine inventive activity,
  • Be capable of industrial application.

A name, a brand: if you have found an original name to identify your product/service or your company, it is in your best interest to register it as a brand with the INPI.

A design: you can protect the appearance and appearance of a product with the INPI: its lines, its contours, its colors, its shape, its texture or its materials.

A literary or artistic creation (literary work, work of art, musical or audiovisual work, software). The protection of such a creation with the inventhelp is attributed “naturally” under copyright law, without having to carry out any special formalities. You just have to be able to attest that you are the author of this creation.

What precautions should you take when starting a creative project?

Pre-constitute proofs to be able to attest that you are at the origin of your idea of creation:

  • Either because it has not yet materialized and you are in the obligation of disclosure to third parties,
  • Either to assert your copyright, if it is a literary or artistic creation,
  • Or not to disclose a trade secret by filing a patent,
  • Or to claim the right to exploit, on a personal basis, an invention despite the existence of a patent filed by a third party, etc.

If your idea is really new and easily copy-able or if you need to communicate sensitive information, have your interlocutors sign (colleagues and friends, prospective partners, funders …) a confidentiality agreement.

Clarification: this commitment will not be necessary if it supports professional naturally subject to an obligation of confidentiality and non-disclosure of the elements that you communicate to them.

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