Legal Question in Intellectual Property in Ohio

How do you sell intectual property -contracts- to major cooperation?

We want to protect our idea. It is not a product. How do you protect an idea? We want to insure that our idea will not be used to their benefit without compensation. If the first corporation refuses the idea we intend to market the idea to their competitors.

We have research to prove validity.


Asked on 7/12/00, 5:20 pm

2 Answers from Attorneys

J Stephen Simms Simms Showers LLP

Re: How do you sell intectual property -contracts- to major cooperation?

You would need a non-disclosure and secrecy agreement with the corporation you plan disclosing your idea to. Selling it, if the corporation accepts, also is straightforward and there are a number of ways to do it: licensing, outright sale, royalty, for example. But, you need to make sure that you have good, enforceable, written agreements for all of this. We regularly work with start-up and established companies on these agreements, and would be glad to hear from you; our toll-free number is 800-537-6930.

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Answered on 9/08/00, 4:41 pm
Bruce Burdick Burdick Law Firm

Re: How do you sell intectual property -contracts- to major cooperation?

A secrecy agreement is some protection, if the target company will sign one and will obey the agreement --- they usually will not sign and those that will sign often will not obey. If you follow that route, be sure to document fully your disclosure and keep records of all communications and correspondence so you can prove any misappropriation of the secret.

A better solution may be to file a patent application for your idea. That protects against theft of your secret idea much better because it brings additional laws into play that can be effective even if the target company claims to have come up with the idea on its own. See my website at www.burdlaw.com for a wealth of information on this subject. Call and let's talk in more detail about your options. The first half hour of consultation is free. Phone 314-241-4427 or email me at [email protected] .

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Answered on 9/09/00, 2:15 am


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