|
|
Patent Feasibility Study
Posted by Anonymous . updated on 2/26/2009
I have a company that is prepared to move forward with a feasibility study to manufacture a product that we have developed. They have suggested many options for moving forward. such as investment, partnership, licensing, and buy out. For the interim they are would like to conduct a feasibility study. They will be looking for an option to manufacture should the project be deemed feasible. They have already considered a pilot plant location. We have suggested a form of monetary compensation for not approaching their competitors during the time the study is being conducted and they have agreed to it.
My questions are;
1. We have two inventors listed, can we have two seperate agreements?
2. What is an acceptable $ amount to request percentage wise in terms of the cost of the feasibility study?
Any feedback would be appreciated.
Thanks
Harry
Answers (3)
| |
|
Bill Ri...
|
It's not clear from your post what kind of patent position, if any, exists.
You mention "two inventors". ?Is this on a patent? ?A patent application? ?Has there been any assignment? ?A common assigneee? ?In general, if there are multiple inventors on a patent and it has not been assigned, each inventor has the rights granted in the patent. ?If there is only one patent and a common assignee, I don't see any need for multiple agreements based simply on separate inventors.
|
|
| |
|
Harry
|
There is a patent pendings in both Canada and the US, and there are two inventors listed in the application. There is no assignmenet of the IP as of yet.
Regards
Harry
|
|
| |
|
JimIvey
|
As each inventor has a separate right to license the technology, you'll need both inventors under agreement for any hope of the agreement being exclusive. I think you can have separate agreements for the two inventors, but I don't know whether you ought to.
At first reading your post, I assumed you were representing the company being approached by the inventors. Now, I'm not so sure. Perhaps clarification would help.
The company is asking the inventors to conduct a feasibility study?! Isn't that like asking a car salesperson whether you should buy a car? Personally, I think the company should conduct its own feasibility study. If they want to hire the inventors to conduct that study, it should be negotiated like any other contract work in which the inventors act as independent contractors.
And, if I were representing the inventors, I'd want to make sure that the inventors would be free to use the findings of the study -- no NDA provisions, except perhaps during an initial period of exclusive negotiations. If the company wants the feasibility study to remain confidential, they should conduct it themselves using their own people.
On the other hand, if the inventors are really keen on making a deal, they should (on their own initiative) go as far as they can reasonably go to minimize the risks perceived by the company. If they haven't done all that homework yet, then perhaps it was premature to approach the company when they did and they should go do their homework -- for free. I'd say the line that divides what's areas of study are the responsibility of the company and the homework of the inventors is the line of what information is publicly available.
Regards.
|
|
Related Questions
 |
I have a friend who is an artist. He has a Cafe Press store where he sells his art on T-shirts, mugs, clocks, etc. He also sells designs on the web. Mostly he caters to motorcycle riders. Someone else ... Read More |
|
I have produced, in Canada, an instructional woodworking dvd. A large American woodworking site wants to add the dvd to it's stable of pay-per-download dvds. They pay a fixed percentage of the dvd'... Read More |
|
I am negotiating a research license with a company and my group is licensing the technology. In the agreement, the technology is defined as being that which is described in present and future applicati... Read More |
|
Hello, I'd like to know, if a movie or cartoon is in the public domain, can you use stills from that movie to make products like calendars or tshirts? Example..If a 3 Stooges or Betty Boop sho... Read More |
|
My partner and I recently designed a shirt wih a zipper that runs from the bottom the the top made in various styles and with any addable accessories. First we started out with t-shirts and branched out to s... Read More |
|
- Patent Express is the fastest and easiest way for an individual inventor to file a U.S. Patent or Trademark Application.
- Patent Express fills the gap for those who cannot afford a U.S. patent attorney or agent, but want to have their patent drafted and issued.
- Patent Express is backed by a 100% money back guarantee.
|