Not to beat a dead horse, but if Sylvie is not just "telling them something," but instead consulting with an attorney "in order to know if I need a patent or another kind of protection," would not the bar consider the discloser to be a "client" for purposes of imposing an attorney-client obligation?
Hi Ulanda,You certainly have a full load of business and employment activity. I wish you well in maintaining both a strong business foundation and a balanced life in every other respect. Be encouraged!
Follow-up questions for Mr. Lindon ("patentandtrademark"):Isn`t disclosing to an attorney quite different from disclosing to a web developer?Wouldn`t an attorney be held to a higher confidentiality standard than a non-attorney?Wouldn`t any attorney who fails to protect a client`s information - or who acts in a way that is in conflict with a client`s interests - risk losing their bar license?Because of attorney`s confidentiality duties, would disclosing to an attorney have anything to do with making an invention unpatentable?Even if a person does not specifically "choose" the attorney to do any work related to the disclosed information, doesn`t the bar probably consider the discloser to be the attorney`s client?
Congratulations on getting your patent application filed. Hopefully, funding the whole patent process is within your budget.Along with the fine observations that others have added, I would also suggest that you should consider your strategy for any related inventions that you might make.Sometimes, the first invention gets your foot in the door, but the second invention is even more valuable. That can often have something to do with the fact that you have become smarter, and more sensitive to the marketplace`s needs. As you investigate your current invention`s marketability, you need to think about whether you will want some financial backing from technology buyers to fund your next invention`s development. As you know, everything is negotiable. Some technology buyers, after having seen your first invention, may desire to collaborate with you on related projects that could lead to new related inventions. For that reason, you should seek advice from a competent patent lawyer regarding the best means to ensure that the technology buyer does not undermine your future invention rights.Finally, be aware of so-called patent trolls, companies who have become famous for buying invention rights just for purposes of suing others. If you have a passion to see your invention on the market, then you may need to carefully choose your technology buyer according to its reputation for product development and actual sales.
A nonexclusive license has few disadvantages, if you can get a licensee company to accept one. However, you may find that the licensee is not as motivated to distribute your product at a level that you may have envisioned. For that reason, you may consider proposing performance milestones in your license, allowing you to terminate upon insufficient performance.Another disadvantage is that you may have lost out on a "big payday" that comes with an exclusive license. A nonexclusive license may seek to negotiate a somewhat low licensing fee, meaning that you may need to enter into a high volume of licenses in order to capture the value that you have placed on your product.Best wishes in your venture!