Godly Ideas: Developing and Protecting Your God-Given Ideas

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© 2014 by Darcell Walker, J.D. All rights reserved.

No part of this book may be reproduced, stored in a retrieval system, or transmitted by any means without the written permission of the author.

Published by AuthorHouse   06/06/2014

ISBN: 978-1-4817-3383-0 (sc)

ISBN: 978-1-4817-3382-3 (e)

Library of Congress Control Number: 2013905561

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CONTENTS

Foreword

About the Author

Introduction: People and God-Given Ideas n

GOD’S CREATIVITY AND OUR OPPORTUNITIES

Chapter 1   The Creative Character of God and Humanity

Chapter 2   Why Pursue God Given Ideas?

PERCEIVING GODLY IDEAS

Chapter 3   Do I Have a Godly Idea?

Evidence of a Godly Idea

Types of Ideas

Artistic Ideas

Technical Ideas

Business Ideas

The Underserved Market

The Unserved Market

The New Market

PURSUING GODLY IDEAS

Chapter 4   Pursuit is a Process

Idea Implementation

Idea Protection

Types of Intellectual Property Protection

Patents

Copyrights

Trademarks

Trade Secrets

Product Commercialization

Selecting a Form of Business Entity

Idea Production

Idea Promotion

Idea Distribution

Chapter 5   First Things First

1)   Document Activities Related To The Idea

2)   Keep The Idea Confidential

3)   Seek Counsel

4)   Ask Questions

5)   Secure Rights From Those Assisting

PROTECTING GODLY IDEAS

Chapter 6   Protecting Ideas with Patents

What is a Patent?

Scope of Patent Protection

Patent Procurement

Concealment of Ideas

Reasons For Obtaining A Patent

Benefits Of Patent Protection

Considerations When Deciding To File A Patent Application

Patentability Requirements

Novelty Requirement

First to File and Absolute Novelty

Utility Requirement

Non-Obvious Requirement

Patent Subject Matter

Types of Patents

Utility (Non-Provisional) Applications

Elements of a Utility Patent Application

Provisional Patent Applications

Elements of a Provisional Patent Application

Invention Description

Design Patents

Elements of a Design Patent Application

The Patent Process

Cost for Obtaining a Patent

Chapter 7   What Is a Copyright?

What Is a Copyright?

Rights of a Copyright Owner

Scope of Copyright Protection

Creating Copyrights

Common Law and Federally Registered Copyrights

Cost of a Copyright Registration

Copyright Ownership

Securing a Registered Copyright

Copyright Registration Forms

Copyright Notice

Length of a Copyright

Transfer of a Copyright

Limitations on the Ownership Rights Copyright Owner

Enforcement of Copyrights

Copyright Protection Strategies

Chapter 8   What Is a Trademark?

What Is a Trademark?

Types of Trademarks

Rights of a Trademark Owner

Accrual of Rights

Ways to Protect Trademarks

Reasons for Obtaining and Maintaining Trademark Registrations

Trademarks and Trade Names

Trademark Notations

When Can I Use the Trademark Symbols TM, SM, and ®?

Federal Trademark Applications

Trademark Application Information

Elements of a Trademark Application

Steps in the Trademark Registration Process

Performing a Trademark Search

Chapter 9   Protecting Ideas with Trade Secrets

What Is a Trade Secret?

Requirements for Classification as a Trade Secret

Summary

GO AND PURSUE YOUR GOD-GIVEN IDEAS!!

Appendix

NON-DISCLOSURE AGREEMENT

More Resources to Help You Develop and Protect Your Ideas

Many Thanks to

Mrs. Christine Wyatt,

Dr. Zan W. Holmes, Jr. and

Pastor Kirbyjon H. Caldwell

for their assistance with this book

And

Special Thanks to

My family for their encouragement

and support during the writing of this book.

FOREWORD

God-given creativity is one of our most under utilized attributes. Our creativity is consistent with God’s character and is a means through which God desires to implement His kingdom plans on earth. It also provides us with opportunities to participate in God’s kingdom building process. However, like many other attributes, having creativity without putting it to work negates it. The challenge before us is to manifest our God-given creativity. Meeting this challenge requires us to understand that manifesting our creativity is a process. Several aspects of this process are in the spiritual realm. A person needs to have the spiritual discernment to recognize a God-given vision, the faith to pursue the vision, the wisdom to use his or her creativity to achieve the vision and the persistence to continue in that pursuit until realization of the vision.

God’s creativity manifested in the creation of heaven and earth and all therein. Our creativity will manifest in the development of the ideas, visions and revelations that we receive from God. Even though our creativity is consistent with God’s character and is part of God’s plan for us, the religious community in general has not emphasized how powerful an attribute creativity is or how crucial a role it can have in one’s relationship with God.

Many people openly admit that they believe God has given them ideas and visions. However, many of these same people do not have sufficient guidance when attempting to manifest these ideas. One reason for this lack of guidance is that very little information is available on how to develop ideas. As a result, there is a void when it comes to guiding people in the manifestation of their God-given creativity.

This book, Godly Ideas fills that void by providing relevant information about the Biblical and practical aspects of using our creativity for the kingdom of God. Attorney Walker uses his theological, business and legal knowledge to provide a comprehensive resource that guides us through the process of developing ideas. This book provides us with information that will enable us to take our ideas from conception to construction and from imagination to implementation. Furthermore, this book does it in an understandable manner. When we understand how to manifest our God given creativity, we provide opportunities for God to channel ideas, visions and revelations through us.

—KIRBYJON H. CALDWELL, SENIOR PASTOR

WINDSOR VILLAGE UNITED METHODIST CHURCH

HOUSTON, TEXAS

ABOUT THE AUTHOR

DARCELL WALKER HAS OVER TWENTY-THREE years of experience practicing law. His specialty area is intellectual property law (i.e., patents, trademarks, trade secrets, copyrights, and product licensing). Walker’s practice includes the preparation and prosecution of patent applications and trademark applications, and the negotiation and preparation of license agreements and other agreements related to the development of ideas. He also counsels clients on intellectual property related matters and the steps involved in the product development and commercialization process. Prior to starting his own law practice, Attorney Walker worked as an in-house patent attorney for two Fortune 500 companies: Exxon and Schlumberger. He holds bachelor’s and master’s degrees in electrical engineering, from Prairie View A & M University and the University of California, Los Angeles, respectively, a law degree from the University of Texas School of Law, and a Master of Divinity degree from Southern Methodist University. Walker has a license to practice law in the state of Texas. He also has a registration to practice before the United States Patent and Trademark Office. Since 2002, Attorney Walker has conducted intellectual property workshops for the University of Houston Small Business Development Center.

Walker sees the work of helping people pursue their God-given ideas as a ministry. Many people miss their blessings because they do not know how to move forward in developing their ideas. As a result, nothing happens with an idea, which means God does not get glorified, the society loses out on the fruits of that idea, and the person that receives the idea does not benefit from the blessing God has for him when God reveals the idea to him. God has given Attorney Walker the opportunity to talk with people and hear about the struggles and challenges that they face when attempting to pursue their ideas. Through these conversations, God has revealed to this author that people need assistance in this process. Many people are extremely hesitant when operating in areas in which they have little or no familiarity. This hesitancy leads to inactivity and ultimately wasted ideas. The author sees this book as a tool to assist people in pursuing the ideas that God has entrusted to them. Darkness is an obstacle to the things of God. The more an individual remains in darkness, the less that person does to accomplish God’s will. This book attacks that darkness and provides guidance for making a God-given idea become what God intends for it to be.

INTRODUCTION

People and God-Given Ideas

ENGINEERING MARVELS, SPACE EXPLORATION, AND prominent literary, artistic, and musical works all have at least one thing in common. They were initially ideas in the minds of people. The fact of the matter is that all works, large or small, complex or simple, technical or artistic, start out as ideas. Anything one sees was at one time someone’s idea. Ideas are everywhere. A person can get an idea at any time while driving, talking, watching television, or even sleeping. I believe there are more ideas than there are people. Furthermore, every person has at least one idea. Even though, there are many ideas, many of these ideas remain just that, ideas.

Some people can quote a well-known saying that some of the best ideas are in the graveyard. The meaning behind this saying is obvious. Some extremely good ideas for products and services that could benefit all of society never move any further than the minds of the people that conceive them. Not only does society lose out on some good ideas, but also the persons that conceived the ideas and their families do not receive any of the benefits that can result from the distribution of products based on the ideas. Why does this waste of potentially beneficial ideas occur? The answer is three fold: (1) lack of confidence, (2) lack of knowledge and (3) lack of trust.

A starting point is a lack of confidence. Many people do not believe that God will reveal an idea to them. Sometimes people think that they do not have the ability to pursue an idea and that God will not entrust an idea to them. Furthermore, they do not believe that anything they conceive has any value. Negative comments of other people fuel this latter belief. A person with an idea will share that idea with someone. The comments from the person hearing the idea may go something like that will never work or that idea is crazy. When an individual already having a lack of confidence hears comments like these, his or her initial reaction is to agree with the comments. The person with the idea does not realize that all he or she heard was one person’s opinion. Many times the opinion is from a person having no hopes or aspirations of his or her own. One person’s opinion is not the final word on the success of an idea. The person whose opinion matters is the person with the idea. In addition, when pursuing an idea, one should not and cannot rely on another person’s approval. Other people can give valuable information to help in developing the idea, but one should ignore negative comments which are not accompanied by positive suggestions. Sometimes a person may say that an idea will not work, and as soon as you stop pursuing it, the same person who said it would not work will try to pursue it. Lastly, the success of the idea is between the person that conceived the idea and God. Do you believe the idea will work? Do you want it to work? Even if a person does not have confidence in the idea or himself, he needs to have confidence in God. If God gave you the idea, then God can bring the idea to fruition. God does not waste ideas. If God gave it to you, then God will develop it through you.

The second reason people do not pursue ideas is a lack of knowledge about how to pursue an idea. Hosea 4:6 states the consequences for not knowing. With regard to pursuing ideas, there are two main things people do not know: (1) what steps to take to develop the idea once they conceive it, and (2) who can they trust to guide them through the process. What many people do know is that if they get the