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I have created a "Eye Relax Mask" to help in medical settings.

 
N Cal Attorney's Avatar
  • Answered by:N Cal Attorney
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Customer Question

I have created a "Eye Relax Mask" to help in medical settings. I would like to market it and need to know if I "must" secure a patent prior to sharing information for the purpose of marketing the product to an interested party prior to investing in the cost of patents. PLUS, I have been told that patents "pending" will limit WHO and IF a company will be willing to review and consider paying for a product that is intended to be a marketing tool. Can you recommend the right steps to take to make money and protect IP?

 



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Submitted: 287 days and 9 hours ago.
Category: Intellectual Property Law
Value: $25
Status: CLOSED
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Expert:  N Cal Attorney replied 287 days and 7 hours ago.

Is there something unique about the "Eye Relax Mask" you created as compared to the 2,000,000+ similar masks shown at
http://www.google.com/search?q=eye+relax+mask&hl=en&client=safari&rls=en-us&prmd=ivns&source=lnms&tbm=isch&sa=X&ei=dqH6T9_FDubc2QXi4YHpBg&ved=0CAYQ_AUoAQ

Customer replied 286 days and 18 hours ago.

Yes - Please see attachments with description. The eye mask I created is specifically intended to be used in medical settings for patient care. A pix with description is attached - please feel free to comment upon reviewing these materials. Thank you very much! Monica

Attachment: 2012-07-09_215411_arizant_garymaharaj_final.pdf

Customer replied 286 days and 18 hours ago.

Attachment: 2012-07-09_215838_eye_mask_sample_pictures_1_2011.pdf

,

Customer replied 286 days and 18 hours ago.

Attachment: 2012-07-09_215938_notarized_eye_mask_description.pdf

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Expert:  N Cal Attorney replied 286 days and 12 hours ago.

You are going to need a patent agent or patent attorney to assist you. May I ask in which State you are located?

Customer replied 284 days and 14 hours ago.

I reside in Hawaii. Is it necessary to file a patent before sending the same info to 3M Corporation? They are the perfect company for me to pitch and I have proof that I designed this product - they may not accept outside proposals so it would be a waste of money to pay for a patent when they may not be willing to review something produced from outside the company. As I stated earlier, there are instances when having a patent filed makes it MORE DIFFICULT to approach companies. Please Advise and thank you.

Accepted Answer

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Expert:  N Cal Attorney replied 284 days and 9 hours ago.

You are not required to have a patent, but inventors who have no patent are usually careful to make the company being pitched agree in writing not to use or disclose the invention without permission of the inventor.

http://www.ipwatchdog.com/tradesecret/sample-confidentiality-agreements/
links to several sample nondisclosure/confidentiality agreements that you can use as models in drafting an appropriate agreement.

I hope this information is helpful.

Expert TypeLawyer
Category: Intellectual Property Law
Pos. Feedback: 99.1 %
Accepts: 315
Answered: 7/12/2012

Experience: Since 1983

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Expert:  N Cal Attorney replied 283 days and 19 hours ago.

Thank you for accepting my answer.

 
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