Re: Re: Can they use mine ?

Subject: Re: Re: Re: Can they use mine ?

Comments:
: : :I thank you ' Iveylaw Yes it really let's me know where I do stand and what I have to do , I was afraid of that ./ I sent my invention to a company ..They asked for money up front , And told me that , that would be the only fee . So I did , They got my hope's up every thing was going well. They really thought it would go. So" do I . But Now they have asked For a large sum of money . And I don't have it . They could have told me up front about it , It would have gave me time to come up with some mean , and ways But never told me that.They had only asked for 10% . Now they have offerd me another way ..If I give them So much $$ And 60% Of any income or proffits and Plus ect; They will go forward .They have also given me a time limet on this matter , Or I can sign off on the contingency agreement , and terminat it. Can they use my invention after ..I would sign this ..And could I still go forward myself ..Help' It's now a matter of time ! : : The real issues here are that of contract law, not patent law. I don't know what contract you signed and I don't practice contract law so I couldn't help you anyway. : : The only patent issue here is that of your current patent rights. I assume you don't have an issued patent, and it's not even clear that your application was filed. : : Filing a patent application gives you no rights to stop anyone from making, using, selling, or importing your invention. Usually, people are careful to use trade secret protection as long as possible while a patent application is pending. Using the "patent pending" notice is no more than a warning that, some day, the product might be protected by a patent. : : If you don't have your patent application on file, your exposure is even worse. I assume the contract had some sort of non-disclosure clause. However, if they violate that and disclose your invention publicly, you might not be able to get a patent at all later (the public disclosure can act as prior art, making your invention not new and/or obvious). : : This is a very rough summary of some of the issues. I hope this helps. : : Regards.

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