An idea by itself is not protected by patent, trademark, design or copyright law. Depending on how you develop it, aspects of your idea may qualify for protection.
It can be useful to document your idea during its development. An i-DEPOT with the Benelux Office for Intellectual Property (BOIP) records your documents with a reliable timestamp. This allows you to show that the submitted content existed on that date.
You can use an i-DEPOT for a wide range of ideas and concepts, such as a board game, a video game or a business concept. You can include descriptions, designs, sketches and other documents to record your idea as clearly as possible.
This can be useful before you share your idea with an investor, supplier or business partner. If a dispute arises later, the i-DEPOT can help establish what information you had recorded on the filing date. It does not automatically prove that you were the first or original creator.
Suppose you are working on an app that helps people organize their tasks. You are still developing its features or looking for funding.
You can record your concept in an i-DEPOT by describing how the app works, its features and its design. You can also include sketches and screen designs. This documents which version of your concept existed on the filing date.
Your i-DEPOT remains confidential unless you choose to make all or part of its content public.
Do you want to discuss your idea with others in confidence? Where appropriate, combine your i-DEPOT with a suitable non-disclosure agreement (NDA). This sets out how the information you share may be used and how its confidentiality must be maintained.
An i-DEPOT has statutory status as evidence in the Benelux and can also be used as evidence in other European countries. The court assesses what the i-DEPOT establishes in the particular dispute. The timestamp does not automatically confirm authorship, ownership or an exclusive right.
When you file an i-DEPOT, you choose a retention period of five or ten years. You can then extend its retention in successive five-year periods. This is the period during which BOIP stores your i-DEPOT.
An i-DEPOT does not give you an exclusive right to your idea or, by itself, prevent others from using it. It does not replace a patent, trademark registration, design right or copyright.
The protection available and appropriate for you depends on what you have developed. An i-DEPOT can form part of your documentation and evidence.
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