How Do I Secure An IP, While Leaving Options Open?

Tiger4 writes "Let's say I have a photograph, or a television script, or have finally perfected the water-to-gasoline conversion process, or some other piece of non-software but copywritable or patentable IP. I know I want it secured in my name, on this date, in a provable and verifiable way. But being an Open Source, free-to-the world sort of person, I'm willing to share my knowledge to the world, as long as all credit points unambiguously to me. Any attempts at theft could, would, and must be immediately rebuffed by my offer of proof from when I first secured the IP. What, if any, tool or method is available to me in the digital world? MD5 and the like are available to show that copied files are the same as the original source, but they don't show time of authorship unambiguously. The same with Public Key crypto. I could lock it up with a time stamp, but what prevents me from faking the stamp that locks the file? Is there a way to homestead a little chunk of time with my IP's name on it?"

Comments

copyright

[SEAL]

If it's a copyrightable work, you automatically have the copyright to it. But if you want additional peace of mind, file with the copyright office so you have official documentation and a date associated with it. I'm speaking from a U.S.-centric viewpoint, of course.

The traditional (and legally strong way)..

[CokeJunky]

Is to send a copy to yourself or someone you trust by registered mail (i.e. the post, snail mail, etc.), which you do not open. This has been a long-standing tradition, and requires no further explanation to the courts -- which is the only place this will be of any use because if someone has stolen your idea, that will likely be the only way you will get any recourse.

However, you do have to watch out: Some jurisdictions count first to patent as golden (unless the first to invent gets it out publicly enough, i.e. published in a journal, or the like, in which case prior art can take effect.).

IANAL, but I think you have to look at it very carefully. Sometimes the best thing to do is to file the patent, or register the copyright, and then license it for free. That always leaves your options open.

As per usual, your best option is to consult a lawyer in the field of IP. That is the only way to get meaningful advice on the subject. If it is not worth your time and money to do so, then your novel IP probably isn't worth you taking any steps to protect.

Or, you could just give it away, and see what happens.