Doc Posted April 20, 2014 Share Posted April 20, 2014 I built a prototype of something and gave it to my uncle to give to someone to make it better. The guy put in some time and wants compensation, which I have no problem paying. But before I pay, I was going to tell him that by paying him, it bound him to confidentiality. Would that hold up in court? Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted April 20, 2014 Share Posted April 20, 2014 Do you hold the patent on it? Is it pending? Link to comment Share on other sites More sharing options...
Chef Jim Posted April 20, 2014 Share Posted April 20, 2014 Just shiv the mofo and be done with it. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted April 20, 2014 Share Posted April 20, 2014 IMPORTANT EDIT: I am not a lawyer and do not practice law... But I stayed @ a Holiday Inn Express. Link to comment Share on other sites More sharing options...
mead107 Posted April 20, 2014 Share Posted April 20, 2014 Would have to sign something , in my opinion Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted April 20, 2014 Share Posted April 20, 2014 Would have to sign something , in my opinion Yeah, but what are they signing if Doc doesn't hold the rights to the imvention. That's why I asked. Wouldn't the court want to specifically know as to what a dispute is over (invention)? I would think the rights to the invention would be secured first. Link to comment Share on other sites More sharing options...
Doc Posted April 20, 2014 Author Share Posted April 20, 2014 I'd patent it if looks like it's worth marketing. The patenting process isn't cheap. Link to comment Share on other sites More sharing options...
KD in CA Posted April 20, 2014 Share Posted April 20, 2014 Not only confidentiality, you need to have him sign something that says whatever you're paying him is full compensation for his work and all rights and ownership of his work on the project belong to you. You don't want him coming back later claiming he should be part owner of your idea/product/whatever. And you should have had him sign all this before he did a stitch of work. Link to comment Share on other sites More sharing options...
Doc Posted April 20, 2014 Author Share Posted April 20, 2014 Not only confidentiality, you need to have him sign something that says whatever you're paying him is full compensation for his work and all rights and ownership of his work on the project belong to you. You don't want him coming back later claiming he should be part owner of your idea/product/whatever. And you should have had him sign all this before he did a stitch of work. It went further than I wanted it to before I knew. But I'll do what you said above. Thanks. Link to comment Share on other sites More sharing options...
BringBackFergy Posted April 20, 2014 Share Posted April 20, 2014 I'd patent it if looks like it's worth marketing. The patenting process isn't cheap. Not cheap at all. I'm in the midst of a patent filing (Patent Pending domestically and internationally); already into this about 40k (with software development, LLC filing) and it's a slow process. You should at least file a Provisional Patent App which lasts 12 months and gives you retroactive priority to the date of filing if you later opt to file a full non-provisional patent app. Also, draft or have a patent atty draft a Nondisclosure Agreement and use it from now on. I'd suggest paying him for his time and tell him he has to sign it upon being paid. Good luck Doc!! Link to comment Share on other sites More sharing options...
Doc Posted April 20, 2014 Author Share Posted April 20, 2014 Not cheap at all. I'm in the midst of a patent filing (Patent Pending domestically and internationally); already into this about 40k (with software development, LLC filing) and it's a slow process. You should at least file a Provisional Patent App which lasts 12 months and gives you retroactive priority to the date of filing if you later opt to file a full non-provisional patent app. Also, draft or have a patent atty draft a Nondisclosure Agreement and use it from now on. I'd suggest paying him for his time and tell him he has to sign it upon being paid. Good luck Doc!! Thanks and you too. Link to comment Share on other sites More sharing options...
Doc Posted April 20, 2014 Author Share Posted April 20, 2014 Okay, I sent him the confidentiality letter and then asked him how he wanted to be paid. Link to comment Share on other sites More sharing options...
Doc Posted April 21, 2014 Author Share Posted April 21, 2014 Okay, he signed the last page and sent a scan of it back. The only potential issue is that the last page he sent doesn't match up with what I sent him, as if it's a formatting problem (i.e. his last page has a section 28 and then the sigs, while mine includes sections 26 and 27). I reformatted my copy to make the previous page end at 27, but it's a little off scale-wise compared to the last page. Will this be a problem? Link to comment Share on other sites More sharing options...
BringBackFergy Posted April 21, 2014 Share Posted April 21, 2014 (edited) Okay, he signed the last page and sent a scan of it back. The only potential issue is that the last page he sent doesn't match up with what I sent him, as if it's a formatting problem (i.e. his last page has a section 28 and then the sigs, while mine includes sections 26 and 27). I reformatted my copy to make the previous page end at 27, but it's a little off scale-wise compared to the last page. Will this be a problem? typically the parties initial each page (bottom right corner) to signify they have read and understand all pages...either that or the last paragraph should read "I have the read and agree to all paragraphs contained herein 1-29 and set forth my signature below" for example. You may want to tell him it didn't come through clean and you'll send him a hard copy to make sure. Edited April 21, 2014 by BringBackFergy Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted April 21, 2014 Share Posted April 21, 2014 What's the invention Doc... Can you give us a hint? Is it medical? I understand if you want to stay mum... One of the reason why you don't want this other guy blabbling away. But... Just a litlle hint? My curiosity is tweeked! ;-) Link to comment Share on other sites More sharing options...
Doc Posted April 21, 2014 Author Share Posted April 21, 2014 typically the parties initial each page (bottom right corner) to signify they have read and understand all pages...either that or the last paragraph should read "I have the read and agree to all paragraphs contained herein 1-29 and set forth my signature below" for example. You may want to tell him it didn't come through clean and you'll send him a hard copy to make sure. It contains the "I have read and agree to all..." part. And I asked him to resend the last page, but after thinking about it, I don't think a change in format is going to make a difference. What's the invention Doc... Can you give us a hint? Is it medical? I understand if you want to stay mum... One of the reason why you don't want this other guy blabbling away. But... Just a litlle hint? My curiosity is tweeked! ;-) I can't tell you much other than it's not medical. Sorry. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted April 21, 2014 Share Posted April 21, 2014 I can't tell you much other than it's not medical. Sorry. No prob! Now I am really tweeked! ;-) What can it be if it isn't something that can be used when you knock (you are a anesthesiologist, right?) people out? ;-) Stay @ it and hope it all works out with the other guy! Link to comment Share on other sites More sharing options...
Doc Posted April 21, 2014 Author Share Posted April 21, 2014 It contains the "I have read and agree to all..." part. And I asked him to resend the last page, but after thinking about it, I don't think a change in format is going to make a difference. My bad. I was going by memory and I thought it contained the above. But I just checked and it doesn't. However after doing a search, it appears that what (which is what I thought that you really can't weasel out of a contract by claiming you didn't read it, if you've signed the last page. No prob! Now I am really tweeked! ;-) What can it be if it isn't something that can be used when you knock (you are a anesthesiologist, right?) people out? ;-) Stay @ it and hope it all works out with the other guy! I've thought of anesthesia products in the past, but waited too long to do anything about them. But I also wasn't in the best financial situation to pursue them. Link to comment Share on other sites More sharing options...
Chef Jim Posted April 21, 2014 Share Posted April 21, 2014 I can't tell you much other than it's not medical. Sorry. Don't tell me. I bet it's made of rubber and you blow it up. Link to comment Share on other sites More sharing options...
Doc Posted April 21, 2014 Author Share Posted April 21, 2014 Don't tell me. I bet it's made of rubber and you blow it up. Sorry, no. Link to comment Share on other sites More sharing options...
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