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I have an Invention ... Now What?
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   Patent IDEA
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   Author  Topic: Patent IDEA  (Read 2668 times)
Dr._Shilpa_Arora
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Re: Patent IDEA
« Reply #5 on: Nov 8th, 2006, 4:13am »
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Jeff,
 
I feel in this case assigning full/ part of the patent as mentioned by SUDHIR signifies that the step is to be taken after filing of a patent application.
 
Dr. Shilpa Arora
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Sudhir Aswal
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Re: Patent IDEA
« Reply #6 on: Nov 8th, 2006, 4:22am »
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Thanks for clarification Shilpa, but i feel it was quite obvious.
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Sudhir Kumar Aswal
Patent Attorney, India
Aswal Associates
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Denart
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Re: Patent IDEA
« Reply #7 on: Nov 22nd, 2006, 10:42am »
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what role does a journal of your idea... conception... research..etc ..etc, come into play as far as  "idea" protection goes.
 
And, does a NDA really give any level of protection.
 
Thanks
Dennis
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Bill Richards
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Re: Patent IDEA
« Reply #8 on: Nov 22nd, 2006, 12:21pm »
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A journal, if properly written and wittnessed, can help prove conception to reduction to practice (actual or constructive) in the event time of invention becomes an issue.  (More important, of course, in the U.S., a first-to-invent country.)
An NDA, if properly drafted can give some protection.  It's basically a contract between two or more parties to maintain the confidentiality of proprietary information that is exchanged between them.  In addition, it should contain IP rights clauses.  An attorney can help in both these areas, but especially in the NDA area.
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William B. Richards, P.E.
The Richards Law Firm
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ChrisWhewell
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Re: Patent IDEA
« Reply #9 on: Dec 15th, 2006, 7:14am »
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A properly-drafted NDA can be helpful, but in my opinion only to the extent that you are able to enforce it.  This means hiring Counsel.  Plus, in order to recover meaningfully from many breaches of such agreements, one will need to prove damages, which can be difficult when there has been no product produced.  Although mis-appropriation of confidential information may in many cases constitute a criminal act under federal law, obtention of enforcement is probably not going to happen for most inventors' inventions.
 
One particular area of concern for NDA's from my perspective, is that they usually contain a clause which exempts information which is in the public domain from being subject to the obligations of non-disclosure and restricted use typically contained in such agreements.  This means that if you disclose invention or idea Q to party Z, then party Z can hire its hounds to go and try to find invention or idea Q in the prior art.  If they do, or even if they find something close, and if that something close gives them a reasonable argument against the info being covered, then you may have a problem on your hands.
 
I doubt that a typical dude will be able to get a meaningful NDA executed by large companies, without protracted negotiations.  The big boys (I call them, collectively, "SAM-CO" for convenience) provide terms and say "take it or leave it".  Going to SAM-CO with your idea sounds easy, and every inventor of a consumer item dreams that SAM-CO is their answer, but typically that is not the case, as SAM-CO is often the low-cost supplier of consumer goods to the prole population and will audit your books and squeeze every last penny from your margin.
 
Best bet is to invent something that you yourself can make and sell, without need for relying on people who do not love you or otherwise have a relationship-specific investment with you or are under contract to help you.    A couple good examples of recent products that individuals are making are found at www.bedfan.com and www.geckostoes.com   .  
 
 
 
« Last Edit: Dec 15th, 2006, 7:14am by ChrisWhewell » IP Logged

Chris Whewell, M.S.
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