In the world of innovation, one of the most common questions asked by our clients—from entrepreneurs and creators to executives at large companies—is whether their ideas can be legally protected. The short answer is: not directly. However, while ideas themselves are considered intangible and cannot be protected, there are ways to protect the expression, application, and dissemination of those ideas, including through copyrights, patents, trademarks, trade secrets, and NDAs. As intellectual property attorneys at Clark Hill, we regularly help businesses and individuals secure and enforce their IP rights. Here we break down some of the best ways to protect ideas you’ve shared or developed.
What Constitutes an “Idea”?
An “idea” is generally understood to be a thought or concept that is yet to be fully developed or expressed. For example, the idea for a new invention, a concept for a startup or business, or a plot for a novel are often just seeds of something bigger. It’s important to remember that ideas by themselves are considered intangible and are not subject to legal protection.
Copyright Protection: Protecting the Expression of an Idea
Copyright law protects the original expression of an idea, not the idea itself. This means that once an idea is fully developed into a tangible form—such as a written manuscript, artwork, or a piece of software code—it can be protected under copyright. However, if you only have the idea in your head, there’s no copyright protection to rely on.
For example, you can’t copyright the idea of a novel about time travel—even if the idea involves time travel to a specific time and place—but once you’ve written your manuscript, the specific text and its arrangement are protected. The underlying idea of time travel, however, remains free for anyone else to explore.
Patent Protection: Protecting the Application of an Idea
A patent, on the other hand, is designed to protect inventions or discoveries that are new, useful, and non-obvious. For an idea to be patentable, it must go beyond just being a concept—it needs to have a tangible, practical application. This means a mere idea or theory without a concrete mechanism or solution won’t be patentable.
For example, you can’t patent the idea of a flying car, but you could patent a new mechanism or technology that makes a flying car possible if it meets certain necessary criteria.
Trademarks: Protecting the Identity of an Idea
Like copyrights and patents, trademarks also don’t protect the idea itself, but they do protect the identity of a product or service tied to that idea. A trademark can protect logos, names, and slogans that distinguish a brand, product, or service in the marketplace. That means that, while you can’t trademark the idea, you can benefit from trademark protection if you have a unique name or logo that represents your idea.
For instance, if you come up with a new and innovative app, you can trademark the name or logo of your app to prevent others from using the same or a confusingly similar name in the market.
Trade Secrets: Protecting the Confidentiality of an Idea
If your idea is not yet public, one option for protecting it is to classify the idea as a trade secret. A trade secret is any information that provides a business with a competitive edge and is kept confidential. For an idea to be protected as a trade secret, it must be actively guarded and not shared publicly. This could include business plans, formulas, recipes, or even software algorithms.
For example, the secret recipe for Coca-Cola is one of the most famous trade secrets. While others might have ideas for a similar beverage, the exact formula is protected by its status as a trade secret.
Non-Disclosure Agreements (NDAs): Protecting the Disclosure of an Idea
If you’re looking to share your idea with potential partners, collaborators, or investors but are concerned about preventing further dissemination, a non-disclosure agreement (NDA) can provide some legal protection. An NDA is a contract in which the party receiving the idea agrees not to disclose, use, or profit from the idea without the consent of the original creator. While an NDA doesn’t give you ownership of the idea, it serves as a legal tool for keeping the idea confidential pursuant to the terms of the agreement.
Conclusion
While an idea itself cannot be legally protected, various forms of IP protection can help you limit its dissemination and safeguard the expression or application of it.
If you want to protect the IP related to an idea, make sure you document and keep detailed records of your idea, including dates and development stages. This can help prove ownership if disputes arise. And once your idea is protectable, consider filing for a patent, copyright, or trademark to protect your specific creation.
At Clark Hill, we understand the importance of ideas at every stage of a business’ growth. Our multidisciplinary team combines deep IP knowledge with industry-specific insight to help companies protect their IP assets. Whether it’s assisting with registration, drafting NDAs and other agreements, or navigating infringement disputes, we provide proactive legal solutions that align with your business goals. If you’re ready to treat your ideas like the assets they are, we’re here to help.
This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.