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Author Topic: Pitching idea to corporation without getting it stolen?  (Read 2272 times)

joshypoo13

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I have an idea that i don't think is necessarily patentable and i dont have the resources to go through with it myself. How do I pitch it to a corporation without getting pushed out of it all together?
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OMG IP

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Re: Pitching idea to corporation without getting it stolen?
« Reply #1 on: 01-18-11 at 06:17 am »

n/m
______________

just re-read and saw that you use "don't think" it is patentable
« Last Edit: 01-18-11 at 06:18 am by OMG IP »
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DEBOER IP
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John M. DeBoer

klaviernista

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Re: Pitching idea to corporation without getting it stolen?
« Reply #2 on: 01-18-11 at 06:19 am »

The first step is to get your foot in the door so that you can give your pitch (harder to do than it seems).

The second step is to have an authorized representative of the corporation (and any non-corporate persons present at your pitch) sign a non-disclosure agreement that defines confidential information as including the information that you intend to pitch.  The agreement should also establish a basis for you to seek a legal remedy in the event that the company "steals" your idea.  Note that such legal remedy would likely be based on breach of contract theory (i.e., breach of the confidentiality agreement), and possibly on a misaapropriation of trade secrets theory.  If you don't know how to draft such an agreement, have a lawyer draw one up for you.

Once you have the agreement in place, make your pitch.  I am definitely no Billy Mays, so I'll let someone more qualified give you advice as to how to pitch an idea.

Good luck!

Edit:  Another option is to draft and file a provisional application drawn to your idea.  Unless you "KNOW" that the invention/idea is not patentable, there is nothing wrong with filing an application.  And once the provisional is filed, you can indicate that your product/invention/idea is patent pending.  Note that even if you go this route, you should still have the company sign non-disclosure agreeement, per step two above.  Just make sure that the definition of Confidential Information in the NDA covers your pending unpublished patent applications.
« Last Edit: 01-18-11 at 06:23 am by klaviernista »
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Yak

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Re: Pitching idea to corporation without getting it stolen?
« Reply #3 on: 01-18-11 at 07:22 am »

The first step is to get your foot in the door so that you can give your pitch (harder to do than it seems).

The second step is to have an authorized representative of the corporation (and any non-corporate persons present at your pitch) sign a non-disclosure agreement that defines confidential information as including the information that you intend to pitch.  

This is indeed harder than it sounds, especially the second part.  Based on my experience and personal relationships with such "authorized representative of the corporation", most businesses are very reluctant to sign NDA's, especially those that set a legal remedy.  This is typically based on two reasons as explained to me:

1) Many times the authorized representative of the corporation may not be sure who else you have shown, pitched, or otherwise disclosed your idea to.  Considering the time and cost to bring an innovation to market, many businesses want to be certain they are not investing in an idea that one of their competitors may have already seen or be working on, especially if there are no potential patent rights.

2) Particularly when you want to present your idea to a company who is in the business of doing or making something similar to what you have invented, the authorized representative of the corporation may not be totally aware of what is being developed in another department, division, subsidiary, etc.  Therefore, they can be reluctant to sign an NDA with you since there may be consequences for them or the company if they release a product that is similar to what you presented even if it was developed outside the information and product you pitched. 
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MLM

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Re: Pitching idea to corporation without getting it stolen?
« Reply #4 on: 01-18-11 at 09:47 am »

For at least the reasons mentioned above, many companies have strict unsolicited ideas policies.  You may have to navigate through those before getting to make a pitch, and you may find that the terms are not in your favor.  Also, the idea of "stolen" ideas can be difficult if the company is already working on similar ideas themselves - how will you prove what they "stole" versus what they developed independently?  Very difficult, very expensive, very time consuming...  Good luck!
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doug vagedes

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Re: Pitching idea to corporation without getting it stolen?
« Reply #5 on: 01-18-11 at 03:27 pm »

Yak is spot on.  Another option is to get the product out there yourself.  This step is harder, especially if you don't have experience.  But actual sales allow you to forecast potential, therefore you're not pitching why you think this is a multi million idea based on numbers pulled out of the air.  If it's a great idea, and you can't do it yourself then find someone who can help you.

Best of success

Doug Vagedes 
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OMG IP

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Re: Pitching idea to corporation without getting it stolen?
« Reply #6 on: 01-18-11 at 10:44 pm »

the problem you have is that it sounds like you're wanting to discuss something already in teh public domain?  While would Megacorp waste their time giving you a cut when they can simply do it without you?  Why would Megacorp want to take time out of thier day to subject themselves to your NDA request when they probably have a policy of not signing such things, and 100 other peeps still waiting in line to pitch themselves.

If you can come up with legit answers to the above, you've got something.
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DEBOER IP
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John M. DeBoer

dtpater

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Re: Pitching idea to corporation without getting it stolen?
« Reply #7 on: 01-19-11 at 05:34 am »

Here is a great link from Roger!

http://www.inventorsdigest.com/?p=5042
 ;)

To much focus on the possibility of Invention theft (it does happen but it's rare, remember money needs to be spent on research, patents tooling marketing, and investing in stolen I.P is a poor investment from a reputable company)  and Inventors do not spend enough time on building business relationships with Manufactures and Distributors.

Inventors need to get the high Level of Interest needed for the Manufactures to Bank Roll the project.

personally I prefer to work with small to mid size companies, the large ones have to much middle management and B/S generally.

Move away from the Transaction mentality and working business relationship mentality

The huge gap between most Inventors ideals and the manufactures reality is an all to common occurrence

 ;)


« Last Edit: 01-19-11 at 05:58 am by dtpater »
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OMG IP

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Re: Pitching idea to corporation without getting it stolen?
« Reply #8 on: 01-19-11 at 06:32 am »

Here is a great link from Roger!

http://www.inventorsdigest.com/?p=5042
 ;)

To much focus on the possibility of Invention theft (it does happen but it's rare, remember money needs to be spent on research, patents tooling marketing, and investing in stolen I.P is a poor investment from a reputable company)  and Inventors do not spend enough time on building business relationships with Manufactures and Distributors.

Inventors need to get the high Level of Interest needed for the Manufactures to Bank Roll the project.

personally I prefer to work with small to mid size companies, the large ones have to much middle management and B/S generally.

Move away from the Transaction mentality and working business relationship mentality

The huge gap between most Inventors ideals and the manufactures reality is an all to common occurrence

 ;)




well said
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DEBOER IP
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John M. DeBoer

Isaac

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Re: Pitching idea to corporation without getting it stolen?
« Reply #9 on: 01-19-11 at 07:27 am »

2) Particularly when you want to present your idea to a company who is in the business of doing or making something similar to what you have invented, the authorized representative of the corporation may not be totally aware of what is being developed in another department, division, subsidiary, etc.  Therefore, they can be reluctant to sign an NDA with you since there may be consequences for them or the company if they release a product that is similar to what you presented even if it was developed outside the information and product you pitched. 

In fact, many companies have invention submission departments that are designed to protect the company from exactly this situation.  Those companies will insist that you sign the NDA form that they provide, and the form carves out some protections for the company.

In most cases, the "consequences" are fighting a law suit.  If the company was truly already working on something, then NDA won't be enforceable for stuff the company already knows.  In many states, if your idea is a "mere idea" the NDA won't be binding.
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Isaac

Yak

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Re: Pitching idea to corporation without getting it stolen?
« Reply #10 on: 01-19-11 at 07:38 am »

In fact, many companies have invention submission departments that are designed to protect the company from exactly this situation.  Those companies will insist that you sign the NDA form that they provide, and the form carves out some protections for the company.

The vast majority of the companies we deal with have and do exactly this. 
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OMG IP

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Re: Pitching idea to corporation without getting it stolen?
« Reply #11 on: 01-19-11 at 04:23 pm »

In fact, many companies have invention submission departments that are designed to protect the company from exactly this situation.  Those companies will insist that you sign the NDA form that they provide, and the form carves out some protections for the company.

The vast majority of the companies we deal with have and do exactly this. 

I surmise it's not really an NDA -- it's more of an agreement by a submitor to comply with a bunch of stipulations from submittee/megacorp.
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DEBOER IP
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John M. DeBoer

Yak

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Re: Pitching idea to corporation without getting it stolen?
« Reply #12 on: 01-19-11 at 04:25 pm »

In fact, many companies have invention submission departments that are designed to protect the company from exactly this situation.  Those companies will insist that you sign the NDA form that they provide, and the form carves out some protections for the company.

The vast majority of the companies we deal with have and do exactly this. 

I surmise it's not really an NDA -- it's more of an agreement by a submitor to comply with a bunch of stipulations from submittee/megacorp.

Pretty much, but there is typically some NDA-type language in most of them.  I can't think of the common language off the top of my head.
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Isaac

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Re: Pitching idea to corporation without getting it stolen?
« Reply #13 on: 01-19-11 at 04:45 pm »

I can't think of the common language off the top of my head.

I tried to find a typical one on line, but the search results were crammed full of forms provided by invention submission companies.  I don't remember that happening when I did a similar search a few years ago.
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Isaac

dtpater

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Re: Pitching idea to corporation without getting it stolen?
« Reply #14 on: 01-20-11 at 02:37 am »


Most of my dealings are with Taiwan and China Manufactures at the FOB Pricing, so I am for a royalty at the manufacture cost of 6-12% and upfront payments sometimes.

The agreements I have used in Taiwan are called brokerage and development Agreements, for example with one company I have Licensed 5 new products, so NDA's would be an insult to the manufacture and myself, we have working relationships.

My friend Don he has it all sorted, working with a Large China OEM Helmet Manufacture.

http://www.coneheadhelmets.com.au/

This just shows you there are many ways to do this stuff!
 ;)

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