I am an independent consultant and have worked with a company for 8 years. I took a sales idea to them, which they are implementing, although they have decided to use a different "expert" to assist them. Since giving them the idea, I asked about the commission structure and payment for the original concept. To each request, I was threatened with continued employment as well as involvement in the project. I have not been given more work, and the amount of work I have has significantly declined over the last 6 months. When asked about this, I was dismissed as a consultant. When I asked about the project I was told by the president that there was no project. I have emails that document the opposite.
How can I protect my idea and any potential commissions if this company goes forward?
There are still questions that remain, such as did you have a written agreement with the company, and what does the agreement say? When you presented the idea, was anything put in writing? These questions need to be discussed in private with an intellectual property attorney.
Ideas are generally not protected as intellectual property.. The only way to protect yourself is to have a confidentiality agreement prior to disclosing the idea
Ira W DavidIntellectual Property Law AttorneyLas Vegas, NV ·
Expanding on the answer from Attorney Thomson, if you did not have a written agreement before disclosing your idea, or if you did have one but it did not protect your idea, it is likely that you have given them your idea for free. Intellectual property does not protect concepts. It protects inventions, fixations (recordings) of creativity, and source identification in trade. Ideas can only be protected by practice and prior agreement. Other than that you are relying on the good will and largesse of others, and it seems in this case that may have failed.
If you have a prior (hopefully written) agreement, review with retained counsel, in private.
Andra Marie VaccaroIntellectual Property Law AttorneyLos Angeles, CA ·
Ideas are not protectable; embodiments of ideas are. So if you gave them any writings that you made and they are using them or if you made any inventions that you disclosed to them. then you can still file a patent application if the statutory bar has not run, or if you otherwise have a contract, you might be able to collect.
I recommend that you speak with an attorney in private to discuss your options. As my colleagues have noted, it would be ideal if you had a preexisting written agreement with the company regarding the ownership and implementation of ideas you related to them within the course and scope of your consulting agreement. If not, it may be the case that you had an implied confidentiality agreement by virtue of your prior and ongoing independent contractor relationship. Far more information is needed to opine on whether you have a valid claim against the company.
Best of Luck!
Jon Jekel
TechLaw LLP
Unfortunately, this might be a case of too little too late. Your relationship with the company is governed by contract and it was incumbent on you to protect yourself before disclosing the idea. While there might be very little that can be done, I suggest that you speak with an experienced IP attorney and show them your documentation, including any contracts and other agreements that you have with the company.
Trademarks are territorial. Accordingly, if he is marketing to customers in the US, you can sue him in the US and obtain an appropriate remedy. If his website is only targeting Canadian customers, then unless you have rights in Canada, you have no basis for suit.
Many IP firms offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced Intellectual Property attorney who can assist you.
It all depends on the details. Your relationship with your employer is primarily governed by the agreement between you and your employer. In addition, there is the question of proof; what is the quality of the evidence you possess to prove your case. Your best bet would have been to have filed a patent application BEFORE your presented your idea to your employer (assuming the idea would be patentable). By filing at least a provisional patent application you would have had verifiable proof of the date and content of the idea. I advise you to speak with your IP/Business/Employment attorney who can evaluate your case and advise you on your options. Good luck.
