What are my rights if someone I shared an idea with it is not selling it as his own? 4 Answers as of August 02, 2011

My partner and I came up with a great idea we made a proto type. He called a few companies now and he is trying to cut me out. We didnt have anything in writing. What can i do?

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Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
You need to retain IP counsel to represent you in this matter. It is quite possible that your e-mails, text messages and other documents will prove the existence of an agreement and/or partnership concerning this "idea". But you have many legal and practical obstacles to overcome in this situation. First, it would have been much better if you had a written agreement. Second, ideas are a dime a dozen, and IP laws do not protect ideas
Answer Applies to: New York
Replied: 8/2/2011
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
This is not a patent question but rather and ethics question. Short of having any sort of written agreement between the two of you, and short of owning any sort of right to your idea, I would say you are out of luck. Just keep in mind if he is publicly disclosing your idea and tying to sell it - you may only have a very limited time in which to apply for a patent on the embodiment of your idea (your invention.)
Answer Applies to: Oregon
Replied: 8/1/2011
Durgin Law, LLC
Durgin Law, LLC | Pearl Hsieh
You could look into patenting the idea yourself (and naming him/her as a co-inventor) which would help you stake your claim.
Answer Applies to: Kansas
Replied: 7/31/2011
Eclipse Group, LLP
Eclipse Group, LLP | Travis Burch
If you had an oral partnership agreement, he is breaching his fiduciary duties by cutting you out. I would take a hard stance and immediately retain aggressive counsel.
Answer Applies to: California
Replied: 7/29/2011
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