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Re: non-compete after termination of contract

Postby onewiki » Tue Dec 14, 2010 9:37 am

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To Roger Brown,
Thanks for your all your replies, but I think you are wasting both your and my time.
I offer a contract and want to see whether a provision might be challenged in court. I needed a straightforward answer.
Whether the licensee accepts it or under what conditions the licensee accepts it is another matter. I am not coercing anyone to accept the contract, why does it have anything to do with moral/ethic issues. If you don't know the answer, please let other people answer. Thanks.

Re: non-compete after termination of contract

Postby Roger Brown » Tue Dec 14, 2010 9:47 am

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If you want to see whether a provision might be challenged in court. Then ask a lawyer and don't post it here. As I said, what is legal in one state can be illegal in another. If it is legal in your state and the company is in another state, that again can be an issue that ONLY a lawyer will be able to answer for you.
Come visit my sites at http://www.RogerBrown.net
or http://www.looking2license.com
I have gotten 9 products licensed spending less than $100 on each, you can too.

Re: non-compete after termination of contract

Postby onewiki » Tue Dec 14, 2010 10:07 am

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Would you please just go away, Roger Brown? Who are you to police what I can post? If you are unable to answer a question, why don't you just keep quiet and mind your own business?

Re: non-compete after termination of contract

Postby Roger Brown » Tue Dec 14, 2010 12:06 pm

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I am not policing what you can post. I am suggesting to you that what you want answered is better asked of a lawyer that is familar with your states laws and not asking for legal advice on a forum.
Come visit my sites at http://www.RogerBrown.net
or http://www.looking2license.com
I have gotten 9 products licensed spending less than $100 on each, you can too.

Re: non-compete after termination of contract

Postby Scrupulous » Wed Dec 15, 2010 2:35 am

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onewiki wrote:I was wondering about a question: suppose I sign an exclusive contract with A on a patented method to make a widget for 2 years, but the patent is valid for another 10 years. I am concerned that A might be able to keep some of the know-hows and this reduces the value of the patent when I issue licenses in the future.

Can I insert some kind of non-compete clause that says A cannot make the widget or transfer its know-hows to a third-party after the contract expires?

Thanks in advance.


Yeah, you can put whatever you like in the agreement. Then the question is if anyone will agree to it.

Non-compete Agreements are typically used to bolster the limitations of Non-disclosure agreements. The 'non-compete' may not be worthwhile in this case, because your patent basically takes care of discouraging others from making the product. It wouldn't matter if they had the know-how or not.

It depends on who develops the know-how, and whether it stands to be protected, in its own right. It could be made the subject of NDA/NCA combo punch, in addition to what the patent itself provides. But then, would you be setting yourself up for a challenge to the validity of the patent, with a loophole defense hinging on 'best mode' issues? Maybe.

You might be overly cautious at this point. The patent is by far your most powerful tool. After all, what's to keep everyone else from reverse-engineering the know-how for the product you license, once they get their hands on it?
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Re: non-compete after termination of contract

Postby onewiki » Wed Dec 15, 2010 7:58 am

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The know-how is in the production process so I don't think it can be discovered through reverse-engineering, but thanks, Scrupulous.

I will have to think about it before coming back to ask you a follow-up question.

Re: non-compete after termination of contract

Postby cantbelieveit » Wed Dec 15, 2010 3:34 pm

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Geez, this is my first thread. Sounds like it might be a lot more to it than I thought... :shock:
I love to invent many things. Trying to invent a new way of life.
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