Idea for product to sell

[IHaveAnIdea]

I wasn't sure where to put this. I'm also a namechanger.
I have an idea for a product I'd like to build and sell. As far as that goes, where would i start? Can anyone give me any good websites?
Also, I work in that area and am employed, although I'm sure that if i suggested doing this to my boss he would say no - no time. However if there was something for sale he would consider buying it. Opinions on the ethics of what I'm doing? I work in public sector and have no desire to screw them, but also feel that if I don't do it eventually someone else will.

I know nothing, but would assume that the following steps are sensible:

1. Have you checked to see if anyone has anything similar? Is it successful? Is your an improvement on a similar idea?
2. Could you make a prototype?
3. Is there any clause in your contract that prevents you doing anything like this (only really likely if the product idea is related to the job you do)
4. Where could you sell it?

Sorry can't advise on getting a product on the market, but if the product is new and inventive, you might want to think about getting a patent. You'll need to think about who owns the idea - if it is conceived in the course of your work, it may belong to the employer. If you want to get a patent, make sure you don't disclose the idea to anyone without a confidentiality agreement.

I don't think there is anything ethically wrong in your plan by the way, but it's difficult to assess without having all the details which you obviously don't want to put down here!

thanks - good advice
hopefully - I am doing (1), not come up with anything, but it is difficult to look for something that isn't there. (4) there's an obvious market, which is huge, and potential to sell/expand into other specific markets too.
I could prototype, easily, that's a very good idea.
(3) is my main issue. I bet there is (need to check) but if that's the case how does anyone ever do this? Do people give up work on the basis of an idea?

pap thanks for mentioning patents, i'll look into that
thanks also for not giving me a slating i have no desire to rip work off but obviously am really excited about my idea- it's difficult

you may find your work have a mechanism for working this sort of thing, you need to check your contract wrt who own the intellectual property, i know where i work the employer does, unless you can prove that you thought of it in your own time, something which would be very difficult to prove if your invention is related to your current job.

If your employer does 'own' your IP this might work in your favour, as the company may have money to exploit it which can be expensive.

I work in IP and helping people work with universities to expand their ideas, so might be able to help you with this.

Re: the contract, I would check thoroughly to see what your obstacles might be, and then you're in a position to decide. In answer, yes, I do think people give up their jobs for an idea, but probably only once you're certain of it, and perhaps even (depending on how tight your contract is) spoken to a few people about developing it further. I would check out exactly where you stand contract-wise, and then decide how far you can go with your idea without breaching contract.

Also, Katz makes a good point about your employer, if you think that's a possibililty.

Naturally, it's hard to say without knowing exactly what it is, but if it's something that's easily replicated or reverse-engineered, I'd consider licensing it to a larger company. Even if you have a global patent, if you're a small company you won't have the muscle for patent enforcement. My DH is in IP protection and even the big companies get screwed, but screwed less than the small companies.

Check your current contract very carefully for a non-competition clause. It could be that if you leave the company, you're not allowed to set up and compete with them for one, two or three years.

Whatever your contract says, it cannot take away your minimum rights set out in the statute (or the contract is unenforceable in the courts).

The relevant statute is the Patents Act 1977, Section 39 (which you can look up on the internet). The crucial thing is not whether you thought of the invention in your own time or whether you used any employer equipment, but whether it was made

• in the course of normal duties of the employee or
• not in the course of normal duties, but specifically assigned to them and you might reasonably expect an invention to arise or
• you had a special obligation to further the interests of the employer.

Otherwise it belongs to you. So if you were, say, a post office worker, and you invented a vacuum cleaner during work time using the post office computers, the invention would still belong to you. (whether or not that's an ethically acceptable activity is a separate issue )

Presumably you want to make a profit from this idea. Although there are provisions for employees to be compensated for inventing something for the employer, they are weak. So if you think it's your own idea that belongs to you (ie not made in course of normal duties etc), I think it's in your interest to keep good written records to show that. Get them signed and witnessed (by someone who has a confidentiality agreement of course!).

Good luck. I'm an IP lawyer so I may also be to help if you need it.

no i don't think employer will exploit it, as i mentioned i'm certain my boss wouldn't be interested
ninedragons - it's difficult to explain but i wouldn't really be competing with them as such, would just be creating something they either
-choose to do without (which at the moment they do)
-choose to outsource
-choose to create in house (which i don't think they would)

Really trying to think of an example....say you work in a school canteen and you come up with a new recipe....

thanks pap
It's more related than a PO employee creating a vacuum cleaner - more like someone employed to create carpet shampoo making a vacuum cleaner

Actually it's even more than that
It's like someone who is paid to create vacuum cleaners (but not for a company that sells vacuum cleaners) creating an all purpose super dooper sweeper/vacuum/mop/etc.
Clear? Basically I work in that area but creating what I want to create would be overkill / over the top / too expensive and time consuming.

What would my position be if I went to my boss and asked and he says "Interesting but not feasible/high priority"?

And if that's the case and I'm tied by my contract how would this thing ever get made. I think the market for it is huge!

where i work if they decide not to exploit then they write a letter saying you are free to do so in your own time and the that they relingish (sp) any rights to it.

ok... not sure how you are paid to create vacuum cleaners by an entity that doesn't sell them.. but still: the Q is whether employer can argue that inventing a super-cleaner is within your normal course of duties. It seems not. Was it assigned to you specifically? If not, were you in a particular position to further the interests of the company - eg research director, executive in charge of future direction of company etc? I guess not if your boss can veto your idea. So there seems to be good arguments to say you own the invention. Particularly if they are not interested in it.

Getting that in writing would be absolutely the best option.