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Hello,
I recently contacted Jaguar regarding an idea I have for improving their
cars. I decided to contact them and a few other companies to see if anyone
was interested in the idea before I spent the $375 to submit a patent
application. Jaguar sent back a letter saying that they cannot consider my
idea until I sign a disclosure waiver. I've read through the waiver, and I
see no reason why I shouldn't sign it; the idea is not a secret, and I've
documented it so no one else can patent it unless they thought of it first
(and are still within their 1 year patentability limit). However, I've
never had any formal legal training, and would appreciate it if someone who
has would take a quick look at the waiver and give me their opinion.
Thanks!
Kris
Here is a copy of the waiver:
The undersigned represents that he/she now has certain suggestions,
inventions and/or ideas and may in the future have other suggestions,
inventions and/or ideas (hereinafter referred to as "suggestions") and
desires to interest Ford Motor Company and its subsidiaries in the merits of
such suggestions. The undersigned acknowledges that Ford Motor Company and
its subsidiaries cannot receive such suggestions in confidence and will
consent to the disclosure thereof to their representatives only under the
conditions hereinafter set forth, and not otherwise.
FIRST: all rights and remedies of the undersigned (and principals, if any,
of the undersigned) arising out of the disclosure of such suggestions to, or
the use thereof by Ford Motor Company, its subsidiaries or any of their
representatives, shall be limited to such rights and remedies as may now or
in the future be accorded under United States or foreign patents,
trademarks, or copyrights.
SECOND: All other claims of any nature whatever arising out of any
disclosure of the undersigned to Ford Motor Company and its subsidiaries are
hereby waived.
Then the waiver has a space for my signature, name, address, a witness'
signature, the date, and a company name (which I'd leave blank).
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Kris <Kris7@softhome.net> wrote in message news:<BB905F7E.B6FB%Kris7@softhome.net>...
Hello,
I recently contacted Jaguar regarding an idea I have for improving their
cars. I decided to contact them and a few other companies to see if anyone
was interested in the idea before I spent the $375 to submit a patent
application. Jaguar sent back a letter saying that they cannot consider my
idea until I sign a disclosure waiver. I've read through the waiver, and I
see no reason why I shouldn't sign it; the idea is not a secret, and I've
documented it so no one else can patent it unless they thought of it first
(and are still within their 1 year patentability limit). However, I've
never had any formal legal training, and would appreciate it if someone who
has would take a quick look at the waiver and give me their opinion.
Thanks!
Kris
Here is a copy of the waiver:
The undersigned represents that he/she now has certain suggestions,
inventions and/or ideas and may in the future have other suggestions,
inventions and/or ideas (hereinafter referred to as "suggestions") and
desires to interest Ford Motor Company and its subsidiaries in the merits of
such suggestions. The undersigned acknowledges that Ford Motor Company and
its subsidiaries cannot receive such suggestions in confidence and will
consent to the disclosure thereof to their representatives only under the
conditions hereinafter set forth, and not otherwise.
FIRST: all rights and remedies of the undersigned (and principals, if any,
of the undersigned) arising out of the disclosure of such suggestions to, or
the use thereof by Ford Motor Company, its subsidiaries or any of their
representatives, shall be limited to such rights and remedies as may now or
in the future be accorded under United States or foreign patents,
trademarks, or copyrights.
SECOND: All other claims of any nature whatever arising out of any
disclosure of the undersigned to Ford Motor Company and its subsidiaries are
hereby waived.
Then the waiver has a space for my signature, name, address, a witness'
signature, the date, and a company name (which I'd leave blank).
In short, it means you will have no trade secret protection for any
information you share with them. This is sort of the opposite of a
nondisclosure agreement. It means, roughly:
There is no NDA, and Ford is not going to give you an NDA. And except
as you have patent, trademark, or copyright protection for the
information you share with them:
- They are not going to treat any information you give them as a trade
secret, and they can make whatever use of it that they please.
- You have no claim against them for their use of the information you
give them.
If you think your ideas are original and valuable enough to warrant
trade secret protection, you shouldn't sign that document. Rather, you
should engage someone such as an intellectual property lawyer to
negotiate a proper NDA with them, and you should pursue the patent
application so that you have some protection of your ideas that they
are required to honor. If your ideas are economic, the cost of doing
so is part of the cost of doing business.
--
Not a lawyer,
Chris Green
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