Legal Question in Intellectual Property in Minnesota
non disclosure agreement
Hello, I had applied for a utility patent on a solar product idea I have, however after approx. 3 yrs. it was denied because it fell into the same ''field of illumination'' as a previous item that is patented. It is designed differently then any other item currently available. I am continuing to search for interested manufacturers and found one that is interested that is located in China. I have not shared any confidential information about it with any of the companies. My question is how can I protect myself and be able to share my idea without having a patent on it, especially with an overseas company?
3 Answers from Attorneys
Re: non disclosure agreement
As a Chinese lawyer, I suggest you apply for being patented in China, provide that if the patent in USA hasn't been published or be used in China.
Re: non disclosure agreement
ExtrEMELY risky.
In addition to Confidentiality + Non-Disclosure Agreement you should have a Business Atty perform Due Diligence on Company + determine if they are represented by Counsel.
Call or email for assistance.
Re: non disclosure agreement
This is a very touchy situation. The fact that this is a Chinese business you are dealing with raise red flags for me because the Chinese are notorious for their industrial espionage. I wish there were some short answer to give you, other than "get the money up front," but this is a delicate situation that will require some finesse and maybe several attorneys with different specialties.
MY STANDARD DISCLAIMER: This is not intended to be legal advice or to create an attorney-client relationship. No attorney-client relationship is intended until you and I sign a retainer agreement.
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