Disclosing personal property or intellectual property in patent terminology is the choice of the inventor. Anything from your mind in thought, or a wave of quantum vibrations that translate further into something useful to others is worth something in return. Whenever an inventor advances an art form he or she is entitled to a fair exhange for their meritable contribution for the advancement or improvement in the art form. An inventor that performs paperwork writing and research has the right to collect rewards for that at a minimum.
A person could elect to give all their information away free of charge however the only inventors that would do that have more money than they can spend already. That's a great mindset to live with, to be happy at what you are doing and good about how you physically feel. It is really rare to find someone like that, so a large percentage of inventors and others that create a meritable process or invention are simply people trying to make it through life and seeing many things in a way of improvement.
Everything evolves including inventions, this book for example, began in 2008 as I was compiling experiences inventing and designing the exampled inventions for the sole purpose of exampling how to create from a perception and past experiences, and ending up as a book in 2016. Those examples had to be designed, written on, and exampled so it was a systematic process to develop this book. I wanted to give the information to anyone interested in developing ideas into intellectual property and further if they wish an income that keeps on rewarding the inventor for life.
Just a short note for improving a process, the ideas that come from working on the job or in a trade are the personal property of the person that experienced the knowledge. Even if you work for a company and are paid wages and benefits and develop a new method to increase production efficiency or a product that becomes popular and sells for money it becomes the personal property of the person who created it. There needs to be a specific contract to invent and to invent a specific named product or method signed by the CEO of a company or business owner prior to the invention or method developed by the inventor or creator of it, even if that person was an employee of the company.
If this contract is not reduced to writing prior the invention completion any method or product you invent from on the job experience is your personal property and has to be protected in a manner that you would normally protect something very confidential to you. It is your experiences and idea that made the method or device more efficient, and cost less to the end user. So make sure at this point there is a legal representative on your team, a local attorney is someone you would need when contracts, agreements or intellectual property needs protected. The attorney fees are cheap when used at this point and compared to the money needed to finance a patent infringement suit in Federal Court later on in an dispute over an issued patent. The point is someone or 'the company' is making money from your idea, method, or invention so why not give yourself the opportunity to make it work for you. Although the text within this book was written to promote creativity in others and format a process called the Inventive Process it took a great deal of experiences throughout the past 4 decades of inventing to accumulate a working process to invent. I would love to give it away but how smart or logical is that!
The bottom line is to protect your intellectual property as you would protect a million dollars in cash.
Types of Disclosures
There are several types of disclosures and in simple you can disclose your project verbally to others, in writing to others, hand language or any other form communicating in a way of an understanding between two or more parties. There has to be a "meeting of the minds", this is when two or more people understand and meet together with a firm type of specific agreement and understanding of specifics to make that happen for the project and new and useful invention to come.
Any disclosure you make of your project or new and useful invention, should be limited to disclosure to anyone else from disclosing the information you are planning to give them, for whatever reason you may have. This can be accomplished by having them sign a Nondisclosure Agreement, and explain it in a way that it will assist you in the tracking of the development of the project, and that the person or firm you are presenting the information to regarding your project or new invention, could potentially become an important backup for you when someone else is attempting to claim right to one or more of your product claims, that the patent will be written upon for your new and useful invention. The following Nondisclosure agreement works very well and was originally drafted by patent attorney Michael A. Glen with the firm Townsend and Townsend in San Fransisco, California. The Nondisclosure draft contains underlined text which is intended to be modified to accomodate anyone you may want to disclose your project or new invention to. The following text example is written on the new and usefull invention Electrociser as I would be disclosing it to you the reader for the purpose of technical feedback.
NONDISCLOSURE AGREEMENT EXAMPLE -Note : Underlined areas are intended changeable.
I am disclosing to(1) the intranet readercertain confidential information relating to a(2) project called Manmotorand an(3) apparatus constant motion range of motion exerciser the Electrociserfor the limited purpose of(4) promotion of the art Manmotor and technical feedback purposes.
It is agreed that this confidential information shall be received and held by(5) the intranet readerin confidence and shall only be used as set frorth above for a period of five years after receipt of such information and shall be protected, as a minimum, in the manner in which(6) the intranet readerprotects their own confidential information. As a minimum protection,(7) the intranet readershall limit disclosure of this information to it's employees having a need to know this information and shall not disclose the information to or use the information for the benefit of any third party, individual, corporation, or other entity without the prior written concent of(8) Dale G. Basgall. This obligation of nondisclosure shall not apply to information which is ;
a) published or otherwise made available to the public other than by breach of this agreement by the party receiving the information ;
b) rightfully received by the receiving party from a third party without confidential limitation ;
c) known to the party receiving the information prior to the first receipt of same from the disclosing party ; or
d) hereinafter disclosed by the disclosing party to a third party without restriction on disclosure.
AGREED : signed name, printed name, title of signator and date, three people need to sign and date. The inventor or the disclosing party, the party(s) disclosed to or the recipient of confidential disclosure, and a third party validation.
NOTE : When changes are made from one disclosure to another and there may be multiple forms needed at one time, it is suggested that the disclosure only contains the format of text and the underlined areas are left blank. Before you disclose your invention or project to anyone else just fill in the blank areas by handwriting, this allows you to carry multiple forms in your invention packet and fill them out in real time on the go.
The example of the disclosure form has an underlying importance, and beginning inventors feel this non disclosure or NDA is a way to "protect" their idea and intellectual property. At this point that is all there is, intellectual property with no tangible value, no meritable contribution has been made for anything yet except our excitement of the possibility for success at an idea. The importance of the disclosure becomes a timeline and tracking of the development of your invention and project.
Remember that an inventor is entitled to what is a fair marketable exchange for the work that the inventor has performed. After the product from the invention sells in the millions of dollars of revenue generated, then one can calculate a fair amount of royalty exchange back to the inventor. Prior to that it's just a guessing game which consists of many variables, and for example. An inventor has an idea and does the research and all the steps to this point of protecting intellectual property in the invention process. The work has no tangible exchange value unless the inventors notebook has the declared time and a value per hour hand written and dated each day work is performed working at the project. That notebook becomes your timecard when later evaluating a fair value for the inventors work after it has become a product. At minimum the inventor is entitled to his or her time and money invested working at the project and after the product is in a form someone can begin to manufacture it.
EXAMPLE: When the inventor has named a project and named the outcome product, written down and dated research, documented time and money as it was invested working on the project, written the text draft of a provisional patent, made agreements for the manufacturing and sales of his or her invention that becomes worth an fair exchange to someone wanting that type of product. At this point stopping the project would net us nothing even if the anticipated product has sales potential. However if the inventor follows through and drafts the drawings for the provisional patent as well produces a provisional patent draft and has it officially submitted properly to the USPTO it becomes a possible exchange based on what the inventor has declared in the inventors notebook.
At the step in the inventive process after the provisional draft there is no tangible product to evaluate, however there is a very detailed explanation and formula anticipated to produce a tangible product with possibilities. These possibilities are unknown and have many variables as to the amount of sales after the product is manufactured and a patent has been applied for.
Types of disclosures.
1) Disclosure of your idea to friends and relatives.
a. To evaluate the optimum biased opinions, an opinion from someone that cares about you.
b. To find your best case senario, a parameter.
2) Disclose your concept and anticipated end results to 10 people not friends or relatives.
c. To establish a parameter that the anticipated product is worth today.
d. To establish the potential of sales of your invention.
e. To understand and accept the possibilties if the project is to move forward into a product.
3) After the issue of forward motion in the project becomes obvious from logic, draw pictures.
4) Disclose idea, concept of what the invention is to perform, and provisional patent.
f. To a CEO, business person, NDA required at this point.
The benefit of NDA's becomes obvious after disclosure to others.
5) At a later date when the product becomes saleable this prevents others claiming the product was their idea.
6) The idea is to track your development and time invested, start a binder notebook of disclosures.
7) Feel free to disclose ideas when speaking with a CEO or potential promoter of your invention.
8) Protect your information or IP that details the workings and elements of your invention.
The object of inventing, "the product" is to allow others the potential of purchasing one. A patent application is the most important document that enables one not skilled in the artform to build and use one for themselves, and that the permission of the inventor needs to be given to those that wish to copy and reproduce for sale the product from the invention.
There needs to be a clear understanding that this point in the invention process is a pivot point in the success of the invention product to follow after work is performed on the project. Be very happy and chearful when addressing potential producers, marketers, suppliers of components to build your invention, machine shop personel that will machine parts for you, and anyone else needing a signed NDA for performance in the project. Do not disclose your anticipated product in a lengthy conversation to anyone, and be fluid with the conversation. Do no get "wound around an axle" and get detailed, the component drawings need to be drafted. Patent disclosure Figures or FIG #'s are concept only and are not to be specific in detail unless a claim is made on the inventive subject matter previously written in our inventors project notebook.
Patent Figures are to example and go in conjunction with the claims of the inventive subject matter and are not drawing examples to allow one to manufacture one of the product. The drawings do not show the dimensions or layout of the invention, they are simply embodiments of the invention.
"Success does not lay hidden, it becomes an obvious result from pure devotion and could be defined as a passion to be completed"
When you have a feeling that ends up as a physical devotion and complete it into a tangible form that becomes very enjoyable you have experienced a powerful feeling. To proceed with the invention process past this point one must be physically devoted to complete the invention process. The time we have spent up to now from the onset of our evaluations should have taken up 4 to 5 months. That does not mean working on the project every day for 5 months, it is just that most of the time an inventor has to work on other things to survive and or take care of a family. This prevents physical work by the hour each day and ends up in a casual working pace up to this point in disclosing the invention for any one of the multiple purposes a disclosure can be made for.