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Andrew Abrams aka AGENT ANDY says:

The concept is valid. Sometimes it's the simple ones that are best.

Have you searched the IBM patent website for similar devices?

I see some problems; and I have the design solutions. Shall we co-invent? I can send an NDA on my concept to you.

(INVENTOR NAME REMOVED) - Please be advised that co-invention is really not an objective of my business. My inventiveness would serve me best, if I would apply it to my own projects. Perhaps due to my industrial design background, or simply creative abilities, this improvement on inventions  of others is happening more frequently. I'm sorry to muddy the waters of our mutual pleasure of creating and marketing concepts by discussing business matters. This is the third such situation that has come up for me this week; and I have to know what to do about it. This is new to me because of my recent switch from doing business mostly with designers to doing business with inventors.

My business is based upon inventions of others; and I partner with the inventor by contributing my licensing skills. However, when I see weaknesses in concepts that otherwise have some merit, I am faced with a dilemma. Do I say nothing; and proceed with licensing something that I know is not as good as the improved version? ...not too exciting. Do I say nothing; and legally pursue the improved concept independent of the inventor?

Inventor replies:

 ...Does not sound like something (INVENTION PROMOTER NAME REMOVED) would enjoy doing ...doesn't sound very ethical to me.

Andrew Abrams aka AGENT ANDY says:

I would like to propose the following business option that I feel would benefit you, as well as, me as the co-inventor.

1) I will present the improvement to you under the same conditions of confidentiality that you have presented your concept to me. I will send a written and/or sketched description on an NDA for your signature.

2) You decide if my improvement is valid, or not.

3) a) You "do not" think that my revision is important enough ...we proceed with my standard licensing procedure ...and you agree that I can do anything I want with my invention provided it does not in any manner violate your rights to your concept either legally, or ethically.

3) b) You "do not" think that my revision is important enough ...I say that I can't, in my heart of hearts, proceed with licensing something that I know is inferior ...and we each go on our merry way ...you are free to pursue licensing your concept ...and I am free to pursue my concept (or do nothing)  ...all the while we will maintain the mutual confidentiality of each individual concept.

3) c) You "do" think that my revision is important ...We proceed as co-inventors and co-owners of the new intellectual property ...I create the presentation materials (drawings, samples, etc.) or, we each do pieces as is practical ...I will charge you a design fee (co-invention fee?) for improving your concept ...I will proceed with attempting to license our jointly owned concept. If I don't license it, you are free to license it. Upon closing a licensing agreement (by either one of us) with a manufacturer,  the sharing of royalties will be on the same equal sharing basis as in my normal licensing agent business.

(Inventor Name Removed) - Please don't misunderstand this circumstance. My creation of this business mode is not because I think anything in particular about you, your abilities, or your projects. It's simply a matter of approximately two dozen such projects that I'm helping others with; and yours tipped the scale a bit. I will be making this same proposal to the others. As always, I am most happy to review projects and offer professional feedback without charging a fee. I consider that an investment in the input end of my business. The more I can help people like yourself; the better off I will be also. The creation of improvements or additional intellectual property however, is beyond the scope of either coaching or licensing.

If you are interested in proceeding in the manner described, let me know and I will prepare a NDA and a fee proposal for the **** project. Otherwise, we can simply proceed without my improvements. The integrity of our relationship and confidentiality of your project will be assured by me, under any circumstance.

Thank you in advance for your understanding in this matter.

Inventor says:

Don't take this the wrong way but if we do business together I need to be sure of some things.   I will start at the beginning of your email and work down. (phone number deleted)

Andrew Abrams aka AGENT ANDY said:

>Sometime the simple one is best<. Well this is simple.

>IBM search< Yes I had a look through, did not find any but I am no expert. I see problems...  I have design solutions.. co-invent<.

Inventor said:

Problems? it seems to simple to have problems? Design solutions, how can a round disc have a design solution? Co-invent, I do not mind this if it will get the device on the market. need more info on how you see this working.

Andrew Abrams aka AGENT ANDY said:

>Muddy waters<, Hey don't sweat it, better clear everything at the beginning Dilemma<, Weakness in design should be worked out, I agree. >Dilemma<, Do I say nothing and do an legally improved concept.

Inventor says:

Well I have a problem with this, how can you legally use an idea of someone else and improve it. Surely that is not legal or ethical, after all you would not have the idea by yourself just pirate someone's concepts I know that you are just putting a overview forward, but in your heart you know you would be wrong to peruse this direction (as would I if it were me we have to sleep at night).

Andrew Abrams aka AGENT ANDY said:

>Business options<
(1)&(2) Present improved devise, NDA to me. That is ok by me I would like to see what you have in mind. I am a man of my word and will treat it as, for my eyes only.
(3)a) Do my concept as is, you proceed with your offshoot. I don't think we would get far using this option, do you.
(3)b) Same answer as 3a.
(3)c) Co-inventors, co-owners.

Inventor:

Look I am not greedy and this is only one of the many good ideas I have, I let you have this to see how we get on (as I like your style on the inventNet) and maybe let you have a look at one after another. I don't understand how we can be co-inventors, co-owners, if I pay you to draw up the "improved concept". Then surely I have owner rights to this improvement not co-owner?

If we become partners in this and maybe some other inventions I have.  It should be 50/50 on everything. This the first invention I have tried to "license", but not my first sucsess at inventing. I know you are in a business and need to make money, but from where I sit you are in a win/win situation (good business position).

As I said before I am a honest person who would not do wrong by anybody, I have pride in myself and want to be fair in this. Explain your position to give me a better view of it After reading the above if you think I have grasped the wrong idea of how things work in the licensing business please let me know. We need to be clear (or I do anyway) before we start as I will stick to what is agreed on come hell or high water. Summarise, You fax me the improvements you think the device needs and if they are suitable we can sort out this drawing and improvement payment.

Andrew Abrams aka AGENT ANDY:

>Thank you in advance for your understanding in this matter<

Inventor:

Hey I am not sure I do.
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Next Andrew Abrams aka AGENT ANDY e-mail:

> Don't take this the wrong way but if we do business together I need to be > sure of some things.


<><><>

REPLY >>> I agree. That is why I'm bringing up this matter. I will not do anything without your approval and complete agreement.

<><><>

>
> (Inventor name deleted) I will start at the beginning of your email and work down.
> Fax I think the (number deleted)


<><><>

REPLY >>> For future reference ...fax is (number deleted) Fax sent.

<><><>

>
> (1)&(2) Present improved devise, NDA to me. That is ok by me I would like to see what you have in mind. I am a man of my word and will treat it as, for my eyes only.

<><><>

Andrew Abrams aka AGENT ANDY REPLY >>> There's no point in my working up the description and drawings if we don't agree on the business arrangement for the design work. I think we should just pass on this one and move on to the next. I don't think I can find a home for your project as is but I would encourage you to pursue it.

I absolutely will not do anything with my thoughts about improvement under the circumstance that I'm passing on this one. I simply can't put in the extra time without payment ...Please understand that the problem is that I have many similar circumstances. It has nothing to do with you, or your project.

Let's move on to other projects.

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