This actually probably going to be 3 questions once I'm done typing. First off, I read this post about not getting patents for your Ideas. It seems that until now I have been one of the naives that think you just patent an idea and then it's yours and it's safe.
I was originally searching for info on getting patents because I have a prototype that I have made and I think it's got a good chance of being a good seller. There is a problem, though; it wasn't my idea. I brought an AVR chip to work and was explaining to a coworker what it is, the endless potential for what it can do, etc. He said "Hey, do you think you could use one of them things to control a _______?" and I said "Yeah, I bet it could." He seemed interested in it so I had him order an arduino to get started. When he got it, he seemed more inclined to ask me a ton of stupid questions (I use the word stupid because most of the questions I was able to show him the answer simply by googling his question word for word.) He wasn't keen on learning for himself, he just wanted me to get impatient and do it for him; which is exactly what I did. I designed the circuit for him, drew it all out, gave him the part #s of things he needed, wrote the program for him. The only thing he did was have a light bulb go off in his head and solder the prototype board together per my drawing (badly, and not quite per my drawing; I had to redo it).
He has the prototype now, been using for a few months now since I made it, and it works better than either of us expected. So now I got to thinking that maybe there's money in this and I don't know what to do. I have a second prototype here that's way more advanced.
So, my questions:
1.A. If I were to produce and sell this as a product, would I legally owe him anything for originally conceiving the idea?
1.B. In your own opinion, (assuming I do end up making money off the thing) would it be morally right to try to cut him out? I DO have a conscience, and my conscience tells me that I do owe him a little bit. The logical side of my head argues though that if I offer him anything less than half, he will feel that I owe him more & there will be hard feelings (possibly more than just feelings) between us despite the fact that I tried to do the right thing. If he had put forth more of an effort to be a part of the thing's creation then I might feel more inclined to consider him a business partner, but his level of involvement was really pathetic. I'm thinking maybe it would be better just to keep it from him.
2. So, assuming I'm not getting a patent, just going to make this thing and put my name on it and go try to sell it at conventions and online and whatnot, should I put a copyright symbol on it or what?
3. A family member told me that I need to do a "poor mans patent" where I send blueprints/description to myself and family and attorney. Is that really necessary if a patent is even necessary?
I was originally searching for info on getting patents because I have a prototype that I have made and I think it's got a good chance of being a good seller. There is a problem, though; it wasn't my idea. I brought an AVR chip to work and was explaining to a coworker what it is, the endless potential for what it can do, etc. He said "Hey, do you think you could use one of them things to control a _______?" and I said "Yeah, I bet it could." He seemed interested in it so I had him order an arduino to get started. When he got it, he seemed more inclined to ask me a ton of stupid questions (I use the word stupid because most of the questions I was able to show him the answer simply by googling his question word for word.) He wasn't keen on learning for himself, he just wanted me to get impatient and do it for him; which is exactly what I did. I designed the circuit for him, drew it all out, gave him the part #s of things he needed, wrote the program for him. The only thing he did was have a light bulb go off in his head and solder the prototype board together per my drawing (badly, and not quite per my drawing; I had to redo it).
He has the prototype now, been using for a few months now since I made it, and it works better than either of us expected. So now I got to thinking that maybe there's money in this and I don't know what to do. I have a second prototype here that's way more advanced.
So, my questions:
1.A. If I were to produce and sell this as a product, would I legally owe him anything for originally conceiving the idea?
1.B. In your own opinion, (assuming I do end up making money off the thing) would it be morally right to try to cut him out? I DO have a conscience, and my conscience tells me that I do owe him a little bit. The logical side of my head argues though that if I offer him anything less than half, he will feel that I owe him more & there will be hard feelings (possibly more than just feelings) between us despite the fact that I tried to do the right thing. If he had put forth more of an effort to be a part of the thing's creation then I might feel more inclined to consider him a business partner, but his level of involvement was really pathetic. I'm thinking maybe it would be better just to keep it from him.
2. So, assuming I'm not getting a patent, just going to make this thing and put my name on it and go try to sell it at conventions and online and whatnot, should I put a copyright symbol on it or what?
3. A family member told me that I need to do a "poor mans patent" where I send blueprints/description to myself and family and attorney. Is that really necessary if a patent is even necessary?