by bottleslingguy » Sun May 13, 2007 5:53 am
BSME said, "Then there are the companies that sign an agreement to pay royalties, and set the idea on the shelf because it competes with their existing product line. If they don't sell the patented product then they don't have to pay royalties on it. There is nothing the inventor can do about it unless the contract states a minimum production level. Now isn't that a sweet deal?"
This is why you would negotiate a performance clause. You mentioned a 'minimum production level'. If (and I realize that a big if) a company with legitimate intentions towards your product is willing to sign a deal with you, they shouldn't have a problem with one. Actually I think the contract focusing on that type of deal would be more attractive to both parties involved. Give the company an incentive to not only sell your product, but sell a lot. Your end comes from their manufacturing costs. In higher unit volumes, less percentage of their profit goes to you. If you get a dollar per unit in volumes up to, say for example 100k it only behooves them to make 1001k. It's one of those little trade-offs you have to accept when dealing from the inventor's position. Let's not be greedy.
You can also set limits on how long a company doesn't act on your idea. If they say in their contract, you know something like, "Oh right. Uh, we reserve the right to make all kinds of excuses or even not have to include you at all as far as whether or not we even sell this product.". Spell it right out in the negotiations, "If you do not produce, not manufacture, not promote, or in any other detrimental or non-productive way market or not market said product, all bets are off and your company loses all rights to the product. And pays me $5,000,000 for wasting my time."
If they won't go for it, then forget it. That's how you can get an idea of what their true intentions were in the first place. It's flattering when a real company shows an interest in your product. But remember there can be sharks just below the surface. Make sure to keep that in mind when you negotiate your deal. Sort of that Reaganesque philosophy of "Trust but verify." You have to make things attractive to the company while heading off any detrimental-to-you-clauses-or-omissions in the contract.
And don't forget not to talk about any secrets about your invention or marketing ideas you have until after you've negotiated their value. Don't offer up all the goodies when selling the idea- you know all those little important details you found out about your invention during that extensive research you performed when you were incubating it? (you DID remember to do that, didn't you?)
As far as I care, royalties schmoyalties. I don't care that your company only makes three cents and I get five percent of that. I don't care that you gave a thousand away as promotions and I don't get paid for them, or that five thousand were destroyed in a tractor trailer fire. I want X amount for every one that was made. And if you build more than R you can pay me Y% less than X. If you don't even begin to build them within however long it takes to make X amount (you should have this estimate from your research) you pay me $5,000,000. And if you build X amount but don't sell any for whatever reasons, then that's YP, not MP.
As far as the Think Tank don't they already exist? What would make ours different? I agree this writing malarky is for the birds but I like it because it allows you to take time and reflect on the discussion and what you want to say and everyone is not talking over each other. On the otherhand it's not always easy to get your point across without those extra little communication tools like inflection, tone and body language (emoticons don't always cut it). Writing down ideas defintely has it's limitations, that's why this site should shift it's emphasis to peer videos.
Maybe that's where we could lobby from?