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What do you do when you have already submitted your Idea to Quirky and someone trying to copy our idea can you tell who submitted first ... Help & Thank Jann :(
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Response
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Quirky takes any and all accusations of infringement, stealing, and duplication of ideas seriously. It should only be done in good faith and belief that an idea has been infringed upon.
While we are able to tell who submitted an idea first, it's extremely difficult to tell if an idea has been stolen or not. The only way we, or anyone else, can definitively say if an idea was stolen is if it was lifted verbatim.
It could very well be the case that this is a common solution that others outside of Quirky have imagined, it's just that they were submitted it onto Quirky for evaluation.
Before making any accusation please consider the following guideline set by the U.S. Patent and Trademark Office for requirements that an invention must meet in order to be patented, as we will use this in our consideration:
An idea must be:
• Novel – must be original and never before seen both on Quirky and in the world at large)
• Nonobvious – is it unobvious to those in the area of the invention?
• Adequately described or enabled
• Claimed by the inventor in clear and definite terms
We ask that you perform a due diligence evaluation of your own:
• A quick Google search to see if a product or idea exists already
• Do a patent search if possible
If you believe that an idea has been infringed upon, please send your concern to similar@quirky.com including links to the two ideations in question.
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Quirky takes any and all accusations of infringement, stealing, and duplication of ideas seriously. It should only be done in good faith and belief that an idea has been infringed upon.
While we are able to tell who submitted an idea first, it's extremely difficult to tell if an idea has been stolen or not. The only way we, or anyone else, can definitively say if an idea was stolen is if it was lifted verbatim.
It could very well be the case that this is a common solution that others outside of Quirky have imagined, it's just that they were submitted it onto Quirky for evaluation.
Before making any accusation please consider the following guideline set by the U.S. Patent and Trademark Office for requirements that an invention must meet in order to be patented, as we will use this in our consideration:
An idea must be:
• Novel – must be original and never before seen both on Quirky and in the world at large)
• Nonobvious – is it unobvious to those in the area of the invention?
• Adequately described or enabled
• Claimed by the inventor in clear and definite terms
We ask that you perform a due diligence evaluation of your own:
• A quick Google search to see if a product or idea exists already
• Do a patent search if possible
If you believe that an idea has been infringed upon, please send your concern to similar@quirky.com including links to the two ideations in question. -
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What about Flair? There is a patent holder out there with very strong claims.
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A patent that is the same has just been awarded Application #12/202,104
Mitra M. Deris , Brentwood, CA (US) -
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