If it’s not possible to patent an ‘idea’, how do I go about developing my idea of Children’s ‘toys/characters’ into actual products?

[Cherrytree333]

I’m not sure if my title makes much sense! …. In a nutshell, when my dc’s were little I used to tell them stories I’d made up of ‘characters’ and the adventures these characters would have. My kids loved them, although I guess kids do love most things!
I also put my stories onto paper and drew the characters to accompany them, just for my kids, to not only add to their reading enjoyment, but I think the concept of the characters had an educational aspect to them too.

Fast forward, my dc’s have grown, but I’ve always wondered IF anything could’ve come from my stories, had they ever been turned into books etc …. (although I know I’m not the next JK Rowling!)
Recently, I came across the stories and my Dd said that I should get them published, especially as the characters could help children to learn certain things.

Now I’m wondering if I should do something about them, after all, other people have managed to profit considerably from their ideas and imaginations, so why can’t I? I’m not saying that I’ll be quids in though! Although you never know! 😉

If I do take my ideas further, where do I start?
Any advice appreciated!

innovate-design.co.uk/frequently-asked-questions/?gclid=Cj0KCQjw4uaUBhC8ARIsANUuDjVw3AQYxosVYjRbf0SVc2t97_x2UAqKhTxuI77t_eqXMTUtNkhosjYaAgLsEALw_wcB
Intellectual Property is the overall term that refers to all forms of idea protection: patents, design rights,copyright and trade marks. Intellectual Property law can assign certain rights to the creator of: music, literature, artistic works, discoveries, inventions, designs and logos. In its literal sense, it is the property of your mind, or intellect, and, as such, can be claimed as your own and used in a similar way to commercial property: Intellectual Property can be bought, sold, licensed and even mortgaged.

I’m sure lots of other companies do the same but the above sends a free booklet which includes “ ‘Inventing for Profit’ – Vital Information covering: How to patent an idea, taking idea to market, design and prototype info;”

Thank you for providing that link, I’ll look through it

You could self publish. Or you could approach a publisher with a book proposal. Do you have full text and illustrations for the stories?

Look for an agent that specialises in children's book publishing. Approach the agent with a view to representation. Take it from there.

Here's a list of agents.

Include a large stamped addressed envelope if you want your submission returned

literaryagencies.com/literary-agents-childrens-books/

Do you want to write / draw a book of stories / characters, or are you wanting to make products (soft toys, teaching aids etc)? The routes to each are different.
If it's to make products you should search the register of patents to check there's nothing similar out there before you go too far.

I did think about maybe approaching a publisher, but then I was a bit concerned that my stories/characters would be ‘out there’ without any ownership by me, mind you, I don’t know how patents may or may not come into play regarding books.

Also, I’ve thought that maybe my characters could also be developed into soft toys, so I would definitely need a patent for that.

Thank you, I’ll read up on that too

I’m interested in doing both really, if possible. I just don’t know where to start or how to approach things at the moment, but I take everyone’s advice on board!

I don't think a publisher could steal your characters and ideas from you sending in a proposal. The worst that could happen is rejection. If they like your idea enough to want to use it they will work with you.

Thanks I’ll consider doing it this way too

You're muddling up patents and copyright. Patents apply to inventions, copyright applies to creative works.

Just by creating any original creative work (such as fictional characters and stories) you automatically own the copyright to them.

Oh I see, that’s interesting!
So if I was to approach a publisher with my stories and illustrations of the characters, no matter if I’m rejected or not, I still own the copyright to everything?

Would that also mean that no one one would be able to, for example, make soft toys out of the characters without my permission if I approached a soft toy manufacturer with my designs?

You need to stop focusing on patents. There are different types of IP which are more appropriate here.

Copyright exists in creative works by default. By writing the stories you own the copyright. People do things like posting original versions to themselves and keeping it sealed with date marks on, to "prove" the provenance. Not sure how that would stand up in a court of law but better than nothing. Or you could email to yourself.

Design rights protect how something looks (rather than what it does).

Trademarks can be registered - occasionally for character names etc (think "Harry Potter" "slytherin " etc). You probably don't want to go down that road without good reason.

*So if I was to approach a publisher with my stories and illustrations of the characters, no matter if I’m rejected or not, I still own the copyright to everything?

Would that also mean that no one one would be able to, for example, make soft toys out of the characters without my permission if I approached a soft toy manufacturer with my designs?*

Correct, they can't just reject you and then publish stories regardless.

If you were to approach a manufacturer you would only send them designs under a non disclosure agreement

No, a literary agent or publisher will not steal your ideas and publish your works without out you. They see thousands upon thousands of books and illustrations. I think you are getting a bit ahead of yourself with being concerned about making soft toys of your books. All areas of polishing are insanely competitive, especially at the moment. I’d be more concerned with investigating the process for children’s book publishing, understanding the current market and how your book fits into it, learn how to be aware of scammers in the publishing industry, than people trying to make cuddly toys from your book idea.