Should I disclose an idea that has a PPA?

[Julian]

Hi,

I have an idea for which I’ve recently filed a PPA. I had been working on the product with this small design company before even filing the PPA. Now they’ve asked me if they could feature my idea on their website and I’m not sure what to do.

I’ve heard about many cases where inventors had their idea completely stolen even if they had a patent pending status.

What do you think I should do in this situation?

[Maia]

Hi Julian,

If your idea is easy to replicate, I recommend not accepting their offer even if it sounds like free marketing. But then again, maybe you don’t even have a reason to advertise.

Keep in mind that there are lots of copycats out there who are pretty good at replicating and hitting the market fast. Public disclosure is so risky before having the patent because you’re just giving them months ahead of you, and before you know it, the market is saturated and you didn’t even get to production.

[Anonymous]

Be very careful! Even if they signed an NDA, anything that gets publicly disclosed will get them out of the NDA. This is an actual clause in the agreement, you can search for it.

If you agree with them posting information about your invention on their website, it would absolve them of anything and there would be nothing you could do about it.

Maybe I’m just being paranoid, but it seems to me like they’re trying to sabotage you?

[InesG]

Hi, I wouldn’t take any risks at this point to be honest, not until your patent is issued. I recommend talking to them about your point of view, I’m sure they would understand where you’re coming from. I don’t think they’re trying to sabotage you, especially since you’ve been working with them for quite some time now.

You can ask them to put the posting on hold until you get your patent, and then they can post your product and showcase their skills, while you get some free advertising. Chances are they’ll say yes.

Good luck!

[Julian]

Thank you everyone for your advice, it’s made it clear to me what I should do next. I’ve decided to wait until I get my patent and I’ve already talked to them about it. I’m happy to report they were open to it and they totally got my point of view. So now it’s all a matter of time before they can post and I can get some publicity myself.

[Jess Naylor]

You can also discuss this with your patent attorney if you have one. They are the ones who can give you the best advice because they know everything about your specific situation.

[Author]

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