Synopses & Reviews
License your invention without the risk -- protect your idea!
You've invented a great product and it's time for the next step. However, if you present an invention to a prospective buyer or licensee, it's no secret that your idea can be stolen. How can you draft an agreement that protects your interests?
Turn to Profit From Your Idea to help you create, modify and understand nondisclosure agreements specifically for inventors. In addition to providing sample agreements and practical advice, this all-in-one guide helps you:
understand the licensing process determine ownership rights work with agents effectively find potential licensees publicly show inventions without the risk negotiate a fair licensing deal draft a comprehensive licensing agreement deal with international licensing Disclosing your invention requires a balancing act: Presenting the best aspects of your invention while protecting the confidential aspects of your work. Use Profit From Your Idea to help you effectively maintain the necessary balance and minimize the risks of disclosure. The fully updated 7th edition comes complete with the latest licensing case law and includes brand new FAQs, many from the author's popular blog, Dear Rich: Nolo's Patent, Copyright and Trademark Blog.
Review
“Tells prospective entrepreneurs how to move an idea ‘from thought to bought—and roughly what inventors can expect to get in a licensing deal.” - Los Angeles Times
“Tells inventors everything they need to know to enter into a solid licensing agreement."" - Electronic News
“Gives detailed instructions on working with manufacturers, marketers and distributors...”- Baton Rouge Advocate
Synopsis
It's no secret that inventors need to protect their secrets. If you present an invention to a prospective buyer or licensee, it can be stolen. The best way to protect yourself is with a nondisclosure agreement.
But it's not enough to hand a company a one-size-fits-all nondisclosure agreement and expect a signature. The company may request modifications to the inventor's agreement, supply its own agreement or actually require an inventor to give up claims of confidentiality.
This plain-English book helps inventors create, modify and understand nondisclosure agreements. In addition to providing sample agreements, it explains:
the laws concerning trade secrets and their limitations
the risks of proceeding without a nondisclosure agreement
the dangers posed by waiver agreements
what to do if a company won't sign an agreement
which modifications help the inventor and which modifications can hurt
the perils of disclosing to employees, contractors and attorneys
the meaning of each of the legalese boilerplate provisions in nondisclosure agreements
Disclosing your invention requires a balancing act: Presenting the best aspects of your invention while protecting the confidential aspects of your work. With this book an inventor can effectively maintain the necessary balance and minimize the risks of disclosure.
Synopsis
Packed with practical, effective licensing strategies, Profit From Your Idea tells inventors everything they need to know to enter into a good written agreement with the manufacturer, marketer or distributor who will handle the details of merchandising an invention. The book shows step by step how to draft a license that will be fair to all parties and addresses: ownership rights, applicable patent, copyright and trademark laws, license scope, dispute resolution, finances.
Table of Contents
1. Gearing Up to License Your Invention
Licenses Assignments The Licensing Process Avoiding Conflicts Among Multiple Agreements Challenges to Your Ownership Transferring Ownership of Your Invention to Your Business Disclosing Information About Your Invention Keeping Your Records No False Hopes! Reviewing Your Inventions Commercial Potential 2. Intellectual Property Protection General Rules for Legal Protection of Inventions Utility Patents Trade Secrets Trademarks Design Patents Copyright Law Sorting Out Nonfunctional Features: Design Patents, Product Configurations, and Copyright 3. Ownership Issues for Inventor Employees What Type of Intellectual Property Is Involved? Employer/Employee: Patent and Trade Secret Ownership Inventions Covered by Copyright Special Employment Situations Working Out Ownership Issues With Your Employer 4. Invention Financing and Joint Ownership How Much Money Do You Need to License Your Idea? Sources of Funding Joint Ownership How Payments, Loans, or Investments Can Create Joint Ownership The Joint Ownership Agreement 5. Licensing Agents and Representatives Agents Completing the Agent Agreement Attorneys as Agents Invention Marketing Scams 6. Soliciting Potential Licensees Before You Begin Your Search How to Find Potential Licensees How to Overcome a Licensees Bias Against Submissions Whats the Best Way to Solicit a Potential Licensee? Product Presentations Should You Solicit Foreign Licensees? 7. Protecting Confidential Information Confidential Information and Nondisclosure Agreements Proceeding Without an Agreement Waiver Agreements When You Have Sufficient Bargaining Power Disclosing to Employees and Contractors Disclosing to an Attorney 8. The Key Elements of Your Agreement From Handshake to License Identifying the Parties Describing Your Invention and the Licensed Products Specifying Which Rights Are Granted Defining the Territory Setting the Length (Term) of the Agreement 9. Money: It Matters Some Basic Royalty Definitions Ways to Get Paid The Mysteries of Net Sales and Deductions How Much Do You Get? Royalty Provisions 10. Negotiating Your Agreement What, Me Negotiate? Documenting the Important Contract Elements Letter of Intent Option Agreements What If the Licensee Wants to Proceed Without a Written License Agreement? 11. Sample Agreement License Agreement Optional License Agreement Provisions Modifying the Sample Agreement for Your Needs 12. Warranties, Indemnification, and Proprietary Rights Provisions Promises, Promises … Warranties, Representations, and Covenants Indemnity: The “Hold Harmless” Provision Licensee Warranties and Indemnity Proprietary Rights Commercialization and Exploitation Samples and Quality Control Insurance 13. Termination and Posttermination Termination and Posttermination Termination Based Upon a Fixed Term Termination at Will Termination Based on Contract Problems Termination and Bankruptcy Posttermination: What Happens Afterwards? Survival of the Fittest 14. Boilerplate and Standard Provisions Paying the Lawyers Bills Dispute Resolution Governing Law Jurisdiction Waiver Severability Entire Understanding Attachments and Exhibits Notices No Joint Venture Assignments Force Majeure Headings Establishing Escrow Accounts 15. Service Provisions Service Provisions Versus Separate Service Agreements Training the Licensees Personnel Installation of Equipment Technical Support for the Licensee or for End Users Improving, Modifying, and Delivering the Invention 16. Handling the Licensees Agreement Dealing With Suggested Changes Evaluating an Agreement Presented to You Evaluating the Provisions and Suggesting Changes 17. After You Sign the Agreement Create Your Contract Calendar Dealing With Royalty Statements Resolving Licensing Disputes Avoiding Patent Misuse and Illegal Agreements The Taxman Cometh Quality Control 18. Help Beyond This Book Licensing and Intellectual Property Resources Working With an Attorney Appendix: How to Use the CD-ROM Installing the Files Onto Your Computer Using the Word Processing Files to Create Documents Listening to the Audio Files Files on the CD-ROM Index try{F5_flush(document);}catch(e){}