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Topic: Royalty Rates (Read 11010 times) |
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mike
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Posts: 49
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Re: Royalty Rates
« Reply #10 on: Aug 4th, 2004, 7:37am » |
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W,
When I am asked "What are my terms", should I have a lawyer prepared agreement (with my terms) ready to send out (the agreement will be negotiated by my lawyer) ....... OR.....
Should I ask for an offer to be submitted to my lawyer to be negotiated ?
If I can solve this question, I will also be able to solve the question "which came first, the chicken or the egg ?"
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W
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Wait for the offer to be submitted to your lawyer for negotiation.
-W
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Frozen_out
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Dear Mike,
You have to spend money to make money. Frankly, from what you have said, it is doubtful that the claims of your patent give iron clad protection.
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Frozen_out
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Dear Mike,
I pressed the wrong button on the reply before finising the entry. If you have someone willing to pay you for you patent, it might be worth you while to spend the money to have a contract drawn that maximizes your rights. It is not a question of pay a lawyer it is a question of paying a llawyer who knows what and how to do.
For instance, the claims of the patent might be avoidable, a knowledgable lawyer might include a licence of technolgy.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™
Reality Check®
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mike
Newbie
Posts: 49
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Re: Royalty Rates
« Reply #14 on: Aug 8th, 2004, 6:31pm » |
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Thanks for your reply.
Please understand my question is not whether I should have a lawyer involved from the start. This has always been in my plans.
The question has to do with whether I should have my lawyer prepare for me a "in my best interest" agreement. This agreement would then be sent to parties who ask for my terms.
This agreement would set the bar by containing minimum agreement conditions for any offer that would be made. Of course I expect there to be some discussion and negotiation on any proposed agreement.
This agreement will set the standard by which all offers will be evaluated.
It has been suggested alternatively, that I wait for the interested party to issue a proposed agreement.
For the two offers I have recently received, it is to late to use the first approach above described. However if an agreement with these do not work out, which approach would you suggest ?
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