Question
If a potential investor asks for materials on an undeveloped app ("blueprints") without an NDA, is there any legal recourse left if he then commercializes the product himself (paying coders, hiring a manager)? Or is this perhaps something that never happens?
I am talking to a VC who really likes the vision, but does not seem to be interested very much in me or the fact that there is no team yet.
Answers: 3 public & 1 private
Gustavo referenced what in the US is called a provisional patent. It is filed as a specification with drawings. It MUST not have anything resembling a claim or the USPTO will consider it a non- provisional application. Provisionsl patent applications require fewer and lower fees, and don't themselves become patents. They have a 12 month life and their primary purpose is to establish a filing date for a patent application. Normally you later (within 12 months) file a non-provisional that claims the provisional filing date. So they save up front money ( but add a bit to overall expense) while securing investor funding. If you are a smell company (<500 people) or an individual you may get 50 or 75 percent discount on filing fees as small or micro entity. However, don't skimp on the spec and figures. The later provisional can claim only what is in the provisional when that is filed. Your spec should be nearly as complete and thorough ( example- rich with many alternative embodiments ) to give a solid foundation for the non provisional. You can always sell either if the product or company doesn't pan out
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