The below is all in my humble opinion and based on what we`ve done as we`ve been doing what I think you`re thinking about. Your lawyer should be your ultimate resource but you apparently still have questions and so I`m just telling you what I think based on our reading and advise (or how I "grok" that info) and isn`t USA/Int`l or based on knowing your IP but ours.
I think "patent pending" status goes from when you filed your provisional to when your patent is awarded; the year to "refine/test" is from your provisional date to when you file your design or utility application within one year. We stopped using a NDA when we filled our provisional patent because our business is based on our invention and not other business methods which can also be disclosed -- we`re utility and not design, and our marketing is duh obvious, and so once our "eureka idea" was protected we didn`t need any other protection.
I think your protections are the same during this time and that`s your ability to sue/enforce your IP if someone is ripping off your invention/product ... you can`t: you can not use the courts to protect what has not been awarded as your property to protect. Legitimate companies know your "patent pending" status will change and they`d be foolish to rip off your IP as they will loose at the point your patent is awarded and you can enforce what you`ve already been saying.
If your invention is that revolutionary then your patent should be broad/good enough to protect your market for many years without someone else being able to "improve" or invent around your fundamental claims; regardless of your "creative" (e.g., trademark/design/etc.) you should be able to own the market without any competitors just because they can`t do what you`re doing.
Putting it into real life, we`ve gone full steam ahead from the start, we`ve done everything we can to tell everyone about our tacos and so far there is only one small company that`s decided to rip us off kind of thing; hard to say what they are thinking as we`d been emailing back and forth and given them free tacos and all that jazz; and then a few months ago they just started selling a "tool" that does our utility ... made me furious/sad as they are Americans and have their own invention, but our legal said to just chill out until our patent is awarded.
The big companies who really could hurt our sales/market are not even close doing that kind of rip off; I can`t imagine they will/would because of the IP and how willing we are to work with everyone to solve the problem with boxes; but that doesn`t mean they are willing to work with us either until we have our patent in hand, we`ve shown there are buyers, and we`re a more professional company (we`re a two/three SKU company that just wants to have fun!~)
So, while I don`t know how you can do a NDA to SuN and the media, it might be the safest thing until you`re awarded your patent; I think the better option is to have the confidence and conviction of your idea and protected claims, and do everything you can to create and own your market without worrying about someone being a scum bag just because they can ...
Sorry for rambling; I hope this helps as it kind of shows how we`ve thought about the questions you`ve raised; I know what it`s like to go to a company like U-Haul who sells a lot of boxes (our market is box and tape buyers/users) with only a provisional knowing they could bury us if they wanted; and I know what it`s like to beat my head against companies like Uline and not get anywhere ... our failure is our immaturity and not a lack of IP protection (best money ever spent is on that); and we get to grow in some great places like SuN by being open and honest; even when we know everything here is available to the web where some parasites do sadly exist.
-------------------------
Chris Miller, a simple taco maker:
The Tiger Taco home in the U.S.A.Tiger Tacos in AustraliaTiger Tacos in the United Kingdom
New Topic
Post Reply
Follow Topic
