Stolen inventions: how to protect your invention from the Big Guy

There are always stories where the Big Box retailers misappropriate the innovative ideas of inventors. Inventors take a big risk when they take their products to retailers without good protection. There have been numerous accounts of “stolen ideas” and lawsuits against HSN and QVC, as well as major brand toy and game companies. Another company at the wrong end of a lawsuit these days is Bed Bath & Beyond (BB&B) for allegedly mishandling the innovative ideas of R.J. Hall for his new product known as a “Towel Tote.” The inventor had a series of emails, calls and meetings with Farley Nachemin, VP and General Merchandise Manager at Bed Bath & Beyond (BB&B) to see whether the company would retail his product.  However, instead of moving forward with Hall, BB&B mailed Hall’s product to Pakistan and had it copied and manufactured for retail distribution back in the US.

Yes, it happens. And fairly regularly. There are good people and bad people in every company, so it is difficult to know who to trust. Even companies with good reputations can lead to problem situations.

Inventors often shy away from obtaining patent protection or taking other steps to protect the idea. They don’t want to spend money in case the idea does not pan out and make them some money, trying to avoid a net loss of initial investment. However, protection against copying or stealing often requires a combination of a confidentiality agreement and a patent application. There are no short-cuts in this game. The protection is available if you want to use it. However, if you chose not to invest in protecting your idea, don’t expect the law will give you a satisfactory remedy. The law helps those who help themselves.

Working with an experienced attorney can help you craft a protection strategy that minimizes the up-front expenses, or delays them, until commercial potential can be determined. Provisional patent applications are effectively used in just these situations. Relying on free materials from the internet carries risks that an attorney may not be able to help you following your do-it-yourself-measures.

There are always stories where the Big Box retailers misappropriate the innovative ideas of inventors. Inventors take a big risk when they take their products to retailers without good protection. There have been numerous accounts of “stolen ideas” and lawsuits against HSN and QVC, as well as major brand toy and game companies. Another company at the wrong end of a lawsuit these days is Bed Bath & Beyond (BB&B) for allegedly mishandling the innovative ideas of R.J. Hall for his new product known as a “Towel Tote.” The inventor had a series of emails, calls and meetings with Farley Nachemin, VP and General Merchandise Manager at Bed Bath & Beyond (BB&B) to see whether the company would retail his product.  However, instead of moving forward with Hall, BB&B mailed Hall’s product to Pakistan and had it copied and manufactured for retail distribution back in the US.

Yes, it happens. And fairly regularly. There are good people and bad people in every company, so it is difficult to know who to trust. Even companies with good reputations can lead to problem situations.

Inventors often shy away from obtaining patent protection or taking other steps to protect the idea. They don’t want to spend money in case the idea does not pan out and make them some money, trying to avoid a net loss of initial investment. However, protection against copying or stealing often requires a combination of a confidentiality agreement and a patent application. There are no short-cuts in this game. The protection is available if you want to use it. However, if you chose not to invest in protecting your idea, don’t expect the law will give you a satisfactory remedy. The law helps those who help themselves.

Working with an experienced attorney can help you craft a protection strategy that minimizes the up-front expenses, or delays them, until commercial potential can be determined. Provisional patent applications are effectively used in just these situations. Relying on free materials from the internet carries risks that an attorney may not be able to help you following your do-it-yourself-measures.