Talk to an Intellectual Property Attorney in Miami FL before an Investor

Although some individuals may think that it is practical to first discuss an idea with an investor who has the funds to support it, talking to an investor before an intellectual property attorney in Miami Florida has the potential to cause legal trouble. An intellectual property attorney in Miami Florida can help take the steps necessary to protect original ideas.

Patent Rights

Simply because a person has an idea, does not mean that he or she legally owns the idea. After all, someone could have already thought up the same idea without the second (or subsequent) person knowing. Even if no one had such an original idea, it is not legally protected simply by its creation. That is where patents come in.

A patent can prevent another person who wishes to use, make, sell or distribute a particular invention without your approval. The patent is issued by the government and certifies a party’s ownership of intellectual property. Patents are awarded on a first-come, first-served basis, meaning that the first party who files the application will receive the patent. Therefore, discussing an idea with someone may simply give that individual the opportunity to file the patent before you.

Protective Steps

An intellectual property lawyer can advise you on steps that you can take to protect your legal interests. This may include securing a patent before discussing an idea with a potential investor. Another option may be to draft a non-disclosure agreement in which the investor agrees not to reveal confidential information about the idea to other parties. If the investor breaches this type of contract, it can be held liable for damages.