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Marcinlondon, Solicitor
Category: Law
Satisfied Customers: 578
Experience:  Qualified Lawyer - 8 years experience
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IP query. If you are trying to sell an idea to a company do

Customer Question

IP query. If you are trying to sell an idea to a company do you tell them you have a patent pending before the idea is disclosed. The company have signed an NDA but added in an email that if the product idea is similar to anything they have in design production, they reserve the right to continue manufacturing. My concern is I don't (And no reason why I should) know what they are working on, and I concerned that once the product idea is viewed, they could just say they have been working on it whether they have or not. The email was separate to the NDA they signed and they chose not to include anything in the exclusion clause of the NDA, but put the caveat in the covering email
JA: Where are you? It matters because laws vary by location.
Customer: UK - England
JA: What steps have you taken so far?
Customer: Do you mean 1) To protect my idea or 2) to in response to the email from the company?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have a patent pending. I have not responded to the email to which I have referred
Submitted: 16 days ago.
Category: Law
Expert:  Marcinlondon replied 16 days ago.
Hello, this isCustomerand welcome to JustAnswer. I will be the lawyer working with you today and I will be happy to advise you to the extent possible on this platform. I will review your question and I will be back with my answer shortly. You will get notified when my answer is ready therefore there is no need to wait online.
You will have a chance to request a call. You will see an automatic prompt. Please feel free to request it but do not feel obliged to do so.
Please do note that my response is not instantaneous but I will always aim to get back to you on the same day with my answer, or request more information, if appropriate.

Lastly, please note that our discussion on this site is for general information purposes only and do not replace any legal advice you might need, and does not create a lawyer-client relationship.
Thank you for your patience whilst waiting for my answer.
Customer: replied 16 days ago.
Is there an extra cost if you request a call?
Customer: replied 15 days ago.
Thank you. £44 is the cost for the call? I have only after posting the question, seen information on your website. I'm afraid I am not clear. It seems to me now that £5 I paid is a fee to ask a question and I have to pay more to receive an answer. It first appeared £5 covered the first answer and question. Can you confirm please, as I only proceeded as I understood first and on the information then.
Expert:  Marcinlondon replied 15 days ago.

Thank you for your patience. It depends on the terms of an NDA. Ideally, it should state that any invention based on the information you disclosed to them is yours.

There should be standard caveats stating that if they can prove that they had been in the possession of the information you disclosed to them before the date of the NDA, and can prove this with strong evidence, then obviously the information you disclosed to them were not confidential (exempted from the NDA), as they were in receipt of them prior to your disclosure.

In terms of your question, it comes down to a commercial decision, not a legal one.

Expert:  Marcinlondon replied 15 days ago.

If JustAnswer proposed a call, at whatever price, you have a choice to decline it. or accept it. If you did not accept it, you will not be charged.

Expert:  Marcinlondon replied 14 days ago.

I hope this somehow helped. Feel free to come back with anything else. I will be happy to assist.