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I have developed a new and fairly unique development tool, but I don't have the time, skills, or experience to productize, sell, and distribute it.

So my plan is to go to a suitable existing company that makes and sells development tools and present my product and give them the opportunity to buy the rights to my product.

But the worst case scenario is that they say that "We got a similar product in the pipeline" and turns my idea down. Then they go ahead and put 1-2 developers on creating a clone of my idea.

What is the best way to approach a buyer without them "stealing" my idea? Any legal contracts that can be written? Or should I ask for "What products they have in the "pipeline" before I present my idea?

Any ideas on how not to get ripped off?

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10 Answers

My advice:
Don't over worry about people stealing your ideas.
Here is a great article By Derek Silvers that explains the reason behind that:

It’s so funny when I hear people being so protective of ideas. (People who want me to sign an NDA to tell me the simplest idea.)
To me, ideas are worth nothing unless executed. They are just a multiplier. Execution is worth millions.
Explanation:
AWFUL IDEA = -1
WEAK IDEA = 1
SO-SO IDEA = 5
GOOD IDEA = 10
GREAT IDEA = 15
BRILLIANT IDEA = 20
NO EXECUTION = $1
WEAK EXECUTION = $1000
SO-SO- EXECUTION = $10,000
GOOD EXECUTION = $100,000
GREAT EXECUTION = $1,000,000
BRILLIANT EXECUTION = $10,000,000
To make a business, you need to multiply the two.
The most brilliant idea, with no execution, is worth $20.
The most brilliant idea takes great execution to be worth $20,000,000.
That’s why I don’t want to hear people’s ideas. I’m not interested until I see their execution.

Tuesday August 16, 2005 10:56PM by Derek Sivers

Article Link

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I would say that the truly brilliant idea needs almost no execution. The brilliance is in simplicity. – David May 4 '10 at 21:08
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@David: Those kinds of ideas are what patents are for. Everything else needs execution. – Bob Murphy Dec 19 '10 at 7:44
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Oh, yeah... telephone. Unique idea, right? Alexander Graham Bell? Another guy named Elisha Gray submitted a patent application the same day as Bell. In fact, Gray's application arrived before Bell's, but got stuck in a pile, so Bell's got recorded first. en.wikipedia.org/wiki/… – Bob Murphy Dec 19 '10 at 8:05
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@Bob. Far from all ideas can be patented due to a range of reasons, but you are right that sometimes one can succeed by only having an idea and patent it. – David Dec 19 '10 at 13:18
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I am not sure, but Facebook might be such an example. The basic principle of Facebook is easy. Make a service where one can easily present oneself, then make it possible to connect to eachother. Later on the execution in that company has been excellent, but I believe that "lift off" was enabled by quite basic means. I believe that due to the strong network effect of the idea, Facebook would have suceeded even with mediocre execution. This was just the first company I thought of, but there should be lots of others. – David Dec 19 '10 at 18:28
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If your idea is so easy to rip off that a competitor can do it with 1 or 2 devs in a few months, they're going to do that anyway as soon as you release.

So what's the disadvantage if you show them earlier?

I think you give larger companies too much credit. Large ships turn slowly.

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I think the "stealing" part is not the biggest worry. I suspect the tough part will be getting the right people (decision makers) to even see your idea. That may take just as much salesmanship as selling it yourself :)

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Even if you can identify the right people to talk to, there is no guarantee they are even allowed to talk to you. Many firms are so afraid of legal problems that they prohibit any outside input. The people you need to talk to will not be allowed to talk to you. – Gary E May 3 '10 at 18:37

Companies will consider whether making the software you have made is a part of their core competency (strategic management expression). If making the software you have made is not their core competency, it will take a lot for them to decide to change their core competency, hence their whole strategy, and start making such software. If you could for example find a company that only sells third-party software and does consulting work upon it, then they could be a good "match", because they are not likely to go from consulting/selling to software development.

You could also try to find a company that has too much to do already with their existing product (for example if they are going really well). They are also less likely to focus on something else, as it takes a lot of management resources to do this.

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Show them what you have been able to build with that unique development tool.

It has nice side effects:

  • I expect you are more productive and can do given type of projects with greater profit
  • you don't need to show them the tool in the first round, just the final effectivity boost / better effects

This could move you into a stronger negotiating position.

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You say that you've already developed your tool. What more needs to be done to "productize" it?

Since this forum is OnStartups, not OnSellingYourIdeaBeforeStartingUp, I would challenge you to not sell yourself short.

If it's a developer tool, then the best way to get it promoted is to offer free licenses to developer user groups to give away at their meetings. Most of us have heard of the success of Balsamiq. I won a free copy of Balsamiq Mockups at my .NET User Group back when the company was just Peldi working by himself and I had never heard of it before. A few months later when I was presenting to the group I showed off some of the mockups that I had created.

I believe much of the success of the development tool ReSharper is also because of their user group giveaways.

It shouldn't take much time to research and contact user group leaders for your target developer community and get your tool into their list of raffle prizes. I think you could do that yourself. If you need help, why not search for a co-founder who could bring marketing skills to the table?

That being said, as soon as you give away or sell your first license, you'll be at risk of having your idea copied. You just need to make sure your execution and customer support is top notch. You'll need to find a competitive advantage before there is even any competition. If it's a good idea, then there will be competition.

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I agree with edu222. Execution is the important thing - not the idea. You may have more chance of selling the idea if you can develop the market opportunity around it. Or, you could partner with someone who is able to execute and you can sell when the business is more established. This way though, you probably won't own much of the company.

I have written a blog post with more detail on this topic here:

Good luck

Susan

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Susan, your link is broken. Can you fix it? Also, I suggest adding some of the important points of your blog post in this answer for the same reason - if the page ever goes down we can still preserve the information here. – Zuly Gonzalez Jun 9 '12 at 2:08

I agree a good idea without execution is worthless, even if they are going to develop it, you already have advantage and knowhow!

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Build vs. Buy.

If they can build it for cheaper than they can buy it off you then yeah, makes sense to build it themselves.

Make it a compelling argument to "buy' the product from you rather than try to implement it themselves. Make it a reasonable price or %age cut with reduced risk on their side.

If it really is a good idea then you are guaranteed to be copied as soon as you release anyway.

Cheers,

Asim.

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People will always steal your ideas if they are good ideas :)

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