I am currently working to create my own business in the Game development field, as i already have a game design in mind, what steps would i have to take in order to ensure that employees can not divulge information or claim their own rights to the idea? i imagine it would involve a contract, but would the the design have to be patented as intellectual property in order to be included in the contract? also how would i go about both drawing up a suitable contract and getting the patent if need be?
Protection of your business and design may involve contract, trade secret, copyright, trademark and other intellectual property principles. You don't need a patent to protect various aspects of intellectual property. A patent is, however, very valuable if this design would qualify.
As to how to protect your business, you should not think about doing this yourself and this could not be remotely explained here. Hire a business attorney and speak with an intellectual property lawyer.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
Criminal Defense Attorney
Wisconsin has different laws from other states on employment contracts. Do not attempt to just take something from the internet if you want something enforceable.
Hire an intellectual property lawyer and an employment lawyer.
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I concur with the previous responses, but when we say "hire a lawyer", it's not because we just want the business. This is simply not a "do it yourself" situation. When starting or continuing a business, you should include legal fees in your budget, because having the work done correctly at the beginning is much better than spending ten times that amount later to try to fix it.
Intellectual Property Law Attorney
You need a Wisconsin business lawyer, who will review your business model and consult any specialists as needed, such as an IP attorney, tax attorney, Internet attorney, etc. It would be best if the attorney had expertise in Internet startups, particularly in the video game field. Google "Internet startup attorney Wisconsin" on Avvo Find A Lawyer and review the results and pick one. You cannot do this yourself without a huge legal exposure and risk.
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.
Gaming Law Attorney
Hire a games industry expert attorney who is familiar with non-competes, non-disclosure agreements, employment contracts, and other employment law principles specific to the games industry.
The author is a Maryland attorney; however no answer given on Avvo is intended as legal advice or intended to create an attorney-client relationship. Dan's expertise lies in the electronic entertainment (video game) industry, as well as complex internet law issues, electronic free speech, entertainment law, copyright and trademark law, and computer fraud. He primarily represents game developers and founders of emergent internet technologies.