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Author Topic: Discussing a patent-pending product with multiple companies  (Read 711 times)

gus2000

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I have two interesting patent pending medical device products with very high potential. At least three companies want to discuss the ideas over the phone. They will also sign NDAs, and expect to receive the confidential / patent information after that.

1. Should I feel comfortable when asked to disclosed drawings and all other confidential information. Do the patent pending +NDAs give maximum protection in these cases.

2. Knowing very well the market, I would not be surprised if the three companies would be eventually interested in a partnership, investing or acquisition.  Should I take special measures to avoid conflicting negotiations with multiple companies?
 
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Wiscagent

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Do the patent pending +NDAs give maximum protection in these cases[?]
It partially depends on the details of the patent application and the non-disclosure agreement (NDA).  An NDA can (i) restrict the potential licensee; (ii) restrict the inventor; or (iii) restrict both parties.  Also, even with a well-written NDA, the licensee may be able take your basic concept and commercialize a work around without your permission.

Before disclosing your proprietary information, investigate the potential licensee.  Does the company have a reputation for ethically dealing with vendors and inventors?  If the company is ethical and fair, an NDA and a patent can certainly help protect your interests.  If the company is unethical or unfair, the best an NDA or a patent can do is to give you a stronger case when you sue the company.

That's not legal advice, just my observations, having been involved in NDA negotiations.
« Last Edit: 07-03-10 at 06:03 pm by Wiscagent »
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Richard Tanzer
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