There are four basic kinds of intellectual property and one other kind
that is created by contract. The four kinds are patent, trademark,
copyright and trade secret. The fifth "kind" is that created by a
non-disclosure agreement ("NDA"). An NDA is a contract whereby the
parties agree to treat something as proprietary to the disclosing
party even if not traditionally protectable using the other forms of
intellectual property.
So, to apply this to your facts, the idea itself is not protectable
except through patent protection or through an NDA. Once you express
the idea into a tangible medium and have an actual physical copy of
the jigsaw puzzle, the puzzle design is protectible in copyright.
Once you have given a commercial name to your new line of jigsaw
puzzles, that name is prtoectible in trademark. And if you employ a
secret process for cutting out the pieces or for printing the designs
on the pieces or whatever, that secret process is a trade secret to
the extent it is actually a secret and to the extent it is valuable
because it is a secret.
It sounds to me like all you have at this point is an idea. Let's
talk first about the NDA route. Since you do not have a patent and
there's nothing yet to trademark or copyright, you could only safely
share your idea with manufacturers if they will sign an NDA that
includes non-use language as well. This is tough to do as most
manufacturers will not sign such documents, and you are left to either
exploit your idea by yourself or share the idea with a manufacturer
without protection and risk getting ripped off.
Thus it sounds like you should pursue a design patent on your idea,
but I would encourage you to read my comments at
http://answers.google.com/answers/threadview?id=418347 so you have
some notion of what lies ahead even if you do get a patent. I am not
sure if your idea even qualifies for a design patent?I?ll have to look
that up and post again?or somebody else can opine. |