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Confidentiality Agreement vs Patent Pending

Bob Shaver:

Many companies view independent inventors as a total waste of their time, a pain in the butt, and a potential lawsuit. They often have policies that they won’t sign confidentiality agreements, and really don’t want to see an inventor’s invention. The danger for them is that people in their own organization may be working on the same problem, and they could view the inventor’s stuff, reject it, then a year later come out with the product they have been working on in their lab. The inventor could then sue them for breach of contract. With that possibility in mind they usually won’t even look at an invention unless it is patent pending. If it is patent pending, then the invention is defined, so then their decision becomes 1) whether their in-house product is an infringement of the claims of the patent, and 2) can they prove they conceived of it first.

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