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Non Disclosure Agreements - Help

lilooliloo subscriber Posts: 6
edited August 2007 in Protecting Your Ideas
I am in the process of communicating with multiple manufacturers that produce a product similar to the one I am creating. I want some adjustments made to the dimensions and use my own colors and designs.


  • MNGrillGuyMNGrillGuy subscriber Posts: 2 Member
    I think it would be pointless.  That is part of doing business in china.  But, nobody is gonna bother to copy you until you are successful.  So, be the best, the first and establish your great brand with your customers.  Then let competition come in and help grow your market and product awareness.  It can be a good thing. 
  • GrillCharmerGrillCharmer subscriber Posts: 7
    Travis is so right... it won`t help you a bit with China.  Is this something that is patentable? Are the differences enough for you to file for one?
  • lilooliloo subscriber Posts: 6
    No the differences are not great enough for a patent, just changing the sizes of the product to the dimensions we would see as more functional for Americans.
    Ok sounds good. I will just send them the demensions and designs.
    Thanks for all your help. It is fun and overwhealming starting this company.
  • GrillCharmerGrillCharmer subscriber Posts: 7
    You hit the nail on the head!  It`s the Fun that makes the overwhelming bearable   Very best of luck and keep us posted!!
  • SparkleGirlSparkleGirl subscriber Posts: 2
    Don`t know if you are aware of Fisher-Price recent recall of 1M toys that were made in China ef=newssearch
    Please make sure that you do due diligence (sorry, not sure if this is the correct sentence format) on the companies that you`re looking to source through.
  • drvagdrvag subscriber Posts: 5

    No the differences are not great enough for a patent, just changing the sizes of the product to the dimensions we would see as more functional for Americans.

    liloo, are you certain that you are not infringing on the rights of the original foreign inventor and their patent?  I am no patent attorney, and maybe you already addressed this in another post.  Maybe it`s already expired.  Most countries today are members of the paris convention for protecting IP.
    Assuming then that you are not infringing, in addition to changing the size, are there any features that you can add (to americanize it) that may allow you to obtain a US patent?  Maybe you could pull together a focus group with a group of friends and family.
  • lilooliloo subscriber Posts: 6
    drvag, I am not wanting to get a pantent if I do not have to because the shape could change after first run, we may always be making adjustments.
    Sparklegirl, I am looking into many options including Mexico and California. But I don`t know if which country it is produced in has the impact as much as the individual company. I will defninetly do my homework.
  • drvagdrvag subscriber Posts: 5
    liloo, my questions were, are you sure you are not infringing on somebody else`s foreign patent?  Like the US, I believe they have one year to file in other countries.  I`m not a patent attorney...
    And have you considered a focus group of close friends and family to come up with some "Americanized features" that you can add to the foreign product and get a US patent?
    If you are going to put this much time, energy and DOLLARS into launching a product, why not patent it if you can?
     drvag2007-8-2 14:49:0
  • lilooliloo subscriber Posts: 6
    I have done reviews and testing of the product with friends, family and the target market. This is what I am basing the changes on.
  • drvagdrvag subscriber Posts: 5
    Just because you have your own molds made does not relieve you of any infringment.  What are you going to patent?  By these discussions, it`s only been a change in the shape.  I assume you have met with a patent attorney in person.
    Be careful.  If you enter into a private label arrangement with them and then say "see ya" when you have your own tooling, if they do not have legal recourse, I can almost bet they would enter into the US market and compete against you. 
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