Discussion:
What is the name of your state? Texas
I am currently developing a few theories in the area of theoretical science, and I was wondering how I should go about protecting those theories--not necessarily for monetary intentions but mainly to maintain that I am responsible for the conception and development of these theories?
*Note: This may be more appropriate for the "patents" section, but I'm really not sure, so any help here would also be appreciated.
I am aware of common documentation procedures, but I somehow don't think that papers describing the development of a theory with a date and one person's signature on them are enough proof that the papers were written on the specified date. Am I missing something here?
Any advice you can offer will be greatly appreciated. My family has had it's fair share of stolen ideas, and I want to be sure I break the curse.
-Salvatore
Answer:
Well, if these "theories" are just ideas, then really the only protection you can get is a) keeping them secret, and b) copyright, preferably a registered copyright. A registered copyright creates a legal presumption that you are indeed the author of the work as of the date of registration. However, note that even a copyright doesn't protect the idea -- only the expression of the idea. If you are just trying to create a paper trail that shows that you came up with such-and-such idea at a certain date, a registered copyright would certainly provide that -- but, like I said, it won't necessarily "protect" the idea itself.
You can't patent an idea alone -- to get a patent, you have to have the idea, or "conception," and "reduction to practice" -- actually developing the idea to the point where you could "practice" the invention or describe it well enough to someone else so that they could practice the invention.
Further, if the theory is, for example, a scientific theory, it's not patentable at all anyway. See 35 U.S.C. 101 for what "patentable subject matter" really is.
How about publishing in a journal? That should provide the proof.
Finally, the reason why there is so little protection for ideas is that all of the IP law -- patent, trademark, copyright, trade secret -- is designed to balance the needs of the creator to be able to turn a profit with the benefit to society of letting ideas and creations be free for all to use and build upon.
Answer:
I was unaware that one could copyright something like this without writing a book. Does a registered copyright essentially serve as proof of development done at/before a certain date?
I don't want to keep the world from adding to my theories, I just don't want to be taken advantage of by a professor or anyone else that I might have to mention a part of my theory to due to my age. This would include people I would have to interact with in order to get my paper published in a journal--unless I'm overreacting here. I may have to go to a professor of mine soon and ask for his help in further development if I don't want to wait 5 years to absorb the necessary information through my college education. If I do go to a professor and develop my theories with his help, I would be sure that he get credit for his assistance, but I want to be able to prove that I initiated and began the first stages of development on my own if he runs off with it and leaves me in the dust. I want the ability to prove that it's MY theory.
I just have a lot of confidence in the validity and simplicity of these theories and, for a couple of them, I am sure that someone who knows a little about theoretical science could easily pick up on the concept if only one seemingly minor detail was overheard.
Thank you for your responses and your insight.