I have a provisional patent. What if I am talking to a company and they need to change the design for manufacturing purposes? If they find an area where they could tweak my product, could they just then steal it?
|
Read More Answered By: Bruce Burdick |
You don't have a provisional PATENT. There is no such thing! You probably mean you have a provisional patent APPLICATION.
To answer your question, perhaps they could. It depends on how significant and necessary the "tweak" is. However, if you get good solid patent legal representation, you should be able to fashion so called "dominant" claims that would give you the right to prevent the other company from selling the tweaked version without your permission. However, the tweaker may be in a position to apply for and obtain claims covering the tweak and the tweaked product and perhaps the method of tweaking and the method of using the tweak, and thus prevent you from making using or selling tweaked products.
If you had solid patent attorney help, you might have prevented this situation by appropriate contractual "grantback " provisions. You need to get that aspect covered right away or you could indeed lose your negotiating position, particularly if you are talking to a Japanese company or Chinese company, who are notorious for tweaking their way into dominant positions on products.
Bottom line, get expert patent attorney assistance pronto or you stand to get snookered.by tweakers. |
Dallas, TX
Questions Answered: 1828
Last Question Aswered on: 2012-05-25
Birmingham, AL
Questions Answered: 1216
Last Question Aswered on: 2012-05-26
Alton, IL
Questions Answered: 823
Last Question Aswered on: 2012-05-06
Dallas, TX
Questions Answered: 394
Last Question Aswered on: 2008-09-29
Houston, TX
Questions Answered: 325
Last Question Aswered on: 2011-03-20
Dallas, TX
Questions Answered: 131
Last Question Aswered on: 2007-08-15
San Marcos, TX
Questions Answered: 62
Last Question Aswered on: 2005-01-06
New Orleans, LA
Questions Answered: 41
Last Question Aswered on: 2009-07-02
Houston, TX
Questions Answered: 30
Last Question Aswered on: 2006-07-19
► Is it illegal to sell fake namebrand products if you post a sign that states that...
► Is it legal or ethical to use actual historical persons as characters in a novel of...
► Working at a TV station I aided in cleaning out several storage rooms into a on-site...
► Can I get an idea patent that I came up with in 2004?
► I own a graphic design firm. I recently fired an employee. Does he have the right to...
► I bought an item from ebay. Now, after using it for about a month. I decided not to...
► Is it illegal to use Sports logos and Team names if i start a sports website? I am...
More Intellectual Property questions and answers in Texas| Bill of Sale | Living Will |
| Contracts | Notices |
| Divorce | Power of Attorney |
| Employment | Quitclaim Deeds |
| Landlord & Tenant | Real Estate |
| Leases & Rentals | Sales and Purchases |
| Letters | Wills |
| Living Trusts | More... |
© WebsiteBroker, Inc.
LawGuru.com | Advertise on LawGuru | Affiliate Program | Privacy | About Us | Press
