I’m Patent Pending and I Want to Start Selling NDA Provisional

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Hello I’m Tim Maier. I’ll like to speak to you for a minute or two today about "I’m patent pending I want to start selling". What are the next steps?

It’s a very common scenario that many of our clients here are within this process that they have an invention, and they have worked with us to file a provisional. Now what? We need to look for a manufacturer, look for assistance in marketing (supplying), look for an overseas manufacturer. What we recommend is belt and suspenders. Clients you need not tell your marketers or manufacturers that you have patent pending. Many of people prefer to do it; but also anyone your working with assisting in and promoting your product please also get them to sign a non disclosure agreement (NDA). What this does is it provides you an immediate cause of action for breach of contract. If someone turns around and takes your idea, stabs you in the back if you will, you have an immediate cause of action for breach of contract. If you just have a patent pending, you still have rights, but you have a pending application of filing date. You’re going to need to wait until you have patent rights or until you have an issue patent and the USPTO tends to move at a glacial speed. If someone turns around and takes your idea, it could be three or four years, or even five years until you will be able to sue them for back damages if you do not have them sign an NDA. However if you did have them sign a NDA an addition to securing your provisional patent or non provisional patent you have rights and you can enforce them immediately and help your company become successful faster.

Thanks for listening. I’m Tim Maier.

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