Dr. Adli advises future Inventor to file a Patent application first, before starting project with his friends:
Q:I am starting a project with my friends with my initial idea. I came up with team and convinced all of them to work on same. We all will be working on our respective jobs in mean time. idea is to work on project for sometime and make a prototype and go for funding. All of us will be working on coding. How much of this can be issue with intellectual property rights?
Also we have not discussed any share options yet as there is no project. This is completely my idea. Though I value their work and would want to give them genuine share but we never discussed about it. What measure I should take to make sure this does not hurt me later?
A:Short Answer: You probably need to file a patent application first
My advice is for you to file a patent application before you start on the project with your friends. Under U.S. law, an inventor is the one who came up with the concept of the invention. The implementation and design details are generally not considered to be part of the invention. By filing a patent application first, you will have established a clear record of your invention and well as its date, which will allow you to respond to any challenges that you may face to your inventorship or the date later. Now, keep in mind that IF, during the course of your work with your friends one or more of them make contributions that are eligible for patent protection, then they should be included as inventors along with you in this or other patents that may be filed. Your patent attorney would be in a much better position to evaluate your particular case and to advise you of your options. Good Luck