Biomedical Engineering Reference
In-Depth Information
Figure 13.5
Two Second World War Allied propaganda posters.
Some companies do not file patents. It is cheaper for them to keep the invention secret. KFC
and Coca-Cola are very good examples of this method of IP protection.
13.4 Talking with Partners
At some stage, before any patent filing, you will need to talk with potential partners.
These may be prototype manufacturers, or they may be a university, but you will need to
share confidential information with them. In this situation you should get all parties to
sign a non-disclosure agreement (NDA). An NDA is a legal document barring the partners
from disclosing the other partners' confidential information for a specific period of time
(normally 5 years). This document allows you to enter into discussions with a partner
without losing your IP.
NDAs are very difficult to formulate. There are samples available on the web - you may have
already signed one and hence have a copy. In all instances get a lawyer to draw one up for
your company, but do not let them make it too long! Be prepared to sign the NDA long before
you meet your potential partner. They will want their lawyer to look at it to make sure they
are not being obliged to something they cannot uphold.
13.5 Summary
This brief chapter has introduced you to the concept of IP protection. There is no particular
advice a topic like this can give you; all it can do is suggest you look seriously at IP protection.
The filing of IP needs to be a business decision; if you are not going to exploit the IP why file
it? It is a very expensive way of getting your name on the web! We also looked at secrecy. Once
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