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post #1 of 8 (permalink) Old 10-11-2005, 10:37 AM Thread Starter
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Patenting Ideas?

Hey everyone, I've got a good idea for a theme restaraunt, and would like to approach the companies that have something to gain. How do I make sure my idea stays mine until I sell it? Can I patent it, or register it? I'm in Canada, where do I go or who do I talk to?

Thanks in advance,
Chris

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post #2 of 8 (permalink) Old 10-11-2005, 10:49 AM
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Re: Patenting Ideas?

If its not an item or a name you cant do much to protect it....well not to much at least. If its an intellectual property you can trademark it or copyright it, but a restaurant idea might be hard to protect. check with your library of congress and such..
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post #3 of 8 (permalink) Old 10-11-2005, 12:22 PM
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Re: Patenting Ideas?

<assumption>
I could be wrong, but I don't think a theme is really something you can protect. If I wanted to, I could open a restaurant along the same theme, but I can't use your name if you have protection for that.
</assumption>


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post #4 of 8 (permalink) Old 10-11-2005, 12:33 PM
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Re: Patenting Ideas?

[quote author=3AndMe link=topic=31339.msg437719#msg437719 date=1129047751]
<assumption>
I could be wrong, but I don't think a theme is really something you can protect. If I wanted to, I could open a restaurant along the same theme, but I can't use your name if you have protection for that.
</assumption>
[/quote]

yes i belive you are kinda right, but i would still talk to lawers to find out.

i know of lil trick you can to to kinda protec your idea, but im not sure if this works in your case...

write everything up and mail it to you but never open it. the time stamp from when you mail it and being sealed helps you if someone takes your idea... if someone copys you, you can take them to court and show them that, it shows that you came up with the idea and it has a day..

but like i said im not sure if this will help in your case


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post #5 of 8 (permalink) Old 10-11-2005, 12:37 PM
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Re: Patenting Ideas?

unfortunately, a theme for a restaurant is not patentable, it falls more under trademark and copyright law than anything else. It is possibly protectable under trademark/copyright law, but it requires more work to protect. Patents are assumed valid in court, b/c there is such a rigorous patent examination process before they are issued, but copyrights/trademarks are simply a registration thing, they are not reviewed/challenged in the application process, so they are much more difficult to uphold in court. Sorry if the explaination is a bit too in depth, I took a couple classes in patent/copyright/trademark law in grad school.

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post #6 of 8 (permalink) Old 10-11-2005, 03:41 PM
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Re: Patenting Ideas?

You don't have a leg to stand on.
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post #7 of 8 (permalink) Old 10-11-2005, 04:02 PM
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Re: Patenting Ideas?

If the name reflects the 'concept' really well, you can register it with the govenment and then Ltd. it with a lawer. You can get that much protection. I was once robbed of a great idea, lesson I learned "keep your mouth shut for as long as possoble".

Goodluck!

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post #8 of 8 (permalink) Old 10-12-2005, 08:46 PM
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Re: Patenting Ideas?

Start your resturaunt! Then franchise the concept to us in the States. You know we're better businessmen than you Canada-ers.
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