# Copyrighting an IDEA?

**URL:** <https://boards.straightdope.com/t/copyrighting-an-idea/102905>\
**Category:** Factual Questions\
**Created:** [April 10, 2002, 8:51pm UTC](https://boards.straightdope.com/t/copyrighting-an-idea/102905 "2002-04-10T20:51:25Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![Quasimodem](https://avatars.discourse-cdn.com/v4/letter/q/e274bd/32.png) [@Quasimodem](https://boards.straightdope.com/u/Quasimodem)\
**Post date:** [April 10, 2002, 8:51pm UTC](https://boards.straightdope.com/t/copyrighting-an-idea/102905/1 "2002-04-10T20:51:25Z")

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Is such a thing possible? I have an idea for a sales tool, but since I don’t **work** in sales, and have no intention of doing so, I wonder how I could present it to a major merchant without having it stolen from me?

Mail it to myself in a registered letter, like a song, perhaps?

What do y’all say?  
Thanks

Quasi

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**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\
**Post date:** [April 10, 2002, 9:28pm UTC](https://boards.straightdope.com/t/copyrighting-an-idea/102905/2 "2002-04-10T21:28:35Z")

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Generally speaking, you cannot copyright an idea.

[http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.loc.gov/copyright/circs/circ1.html%23hsc](http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.loc.gov/copyright/circs/circ1.html%23hsc)

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**Author:** ![Loopus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loopus/32/15343_2.png) [@Loopus](https://boards.straightdope.com/u/Loopus)\
**Post date:** [April 10, 2002, 9:31pm UTC](https://boards.straightdope.com/t/copyrighting-an-idea/102905/3 "2002-04-10T21:31:01Z")

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From [U.S. Copyright Office, Copyright Basics](http://www.loc.gov/copyright/circs/circ1.html):

> [@](#):
>
> Several categories of material are generally not eligible for federal copyright protection. These include among others:
> 
> \<…\>  
> [ul][li] **Ideas** , procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration[/ul][/li]

You might have a shot at patenting it, but that depends on what exactly it is. From [General Information Concerning Patents](http://www.uspto.gov/web/offices/pac/doc/general/):

> [@](#):
>
> What Can Be Patented
> 
> \<…\>
> 
> In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act or method, and primarily includes industrial or technical processes.

Use this information as you will.

-Loopus

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**Author:** ![Houlihan](https://avatars.discourse-cdn.com/v4/letter/h/f9ae1b/32.png) [@Houlihan](https://boards.straightdope.com/u/Houlihan)\
**Post date:** [April 11, 2002, 12:56am UTC](https://boards.straightdope.com/t/copyrighting-an-idea/102905/4 "2002-04-11T00:56:56Z")

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Business methods may be patented. Priceline’s business model is a good example. However, it will have to be truly revolutionary to be protectable. If you are serious about it, start raising money. You will need at least $2000 to get a preliminary opinion from a patent attorney on (a) whether the idea is protectable, (b) whether someone beat you to it. If it looks promising, figure $5000 for a full patent search, then depending on the complexity, at least another $5000. Those costs can double or triple if you seek out a major-market (NY, LA) patent lawyer, or increase by several orders of magnitude if there are any difficult issues in your filing.

Good luck. I burned a lot of cash chasing a patent a couple of years ago. It was no fun. But if I would have had my idea 18 months earlier, and won the race to the patent office, I would be retired right now.

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**Author:** ![cainxinth](https://avatars.discourse-cdn.com/v4/letter/c/7bcc69/32.png) [@cainxinth](https://boards.straightdope.com/u/cainxinth)\
**Post date:** [April 11, 2002, 1:11am UTC](https://boards.straightdope.com/t/copyrighting-an-idea/102905/5 "2002-04-11T01:11:44Z")

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With a little research, anyone can draft and file for a provisional patent without an attorney. Its much, much cheaper but if you go this route make sure you dot every i.

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**Author:** ![Urban\_Ranger](https://avatars.discourse-cdn.com/v4/letter/u/e9c0ed/32.png) [@Urban\_Ranger](https://boards.straightdope.com/u/Urban_Ranger)\
**Post date:** [April 11, 2002, 12:30pm UTC](https://boards.straightdope.com/t/copyrighting-an-idea/102905/6 "2002-04-11T12:30:31Z")

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Screw the search. Just apply for the patent. If somebody else wants to challenge you it’s his problem.

At least that’s the approach that has beem taken by some hoodlum-like companies.
