Chapter 9 - Negotiating Your Deal
by Richard C. Levy
The Complete Idiot's Guide® To Cashing In On Your Inventions
- Title Page
- Dedication
- Copyright Page
- Introduction
- Part 1 - How to Get Your Great Ideas on the Road
- Chapter 1 - How to Realize Your Full Potential
- Chapter 2 - Beware of Invention Marketing Flimflam Artists
- Who Are These Parasites?
- The Numbers Reveal the Truth
- Attack of the Killer Patent Attorney
- Rogues Unlimited
- Project Mousetrap and Other Sweeps
- The Price Is Not Always Right
- A Step in the Right Direction
- Heads Up!
- Before You Contract for Services …
- How to Tell the Pros from the Cons
- A New Twist to an Old Scheme
- How Do They Get Your Name?
- What to Do If You Are a Victim
- States (Inventor) Rights
- Chapter 3 - Licensing Versus Venture Capital
- First Things First
- Business Options
- The Licensing Option
- The Advantages of Licensing
- The Disadvantages of Licensing
- Whoah! Not So Fast!
- Doing It Yourself: The Venturing Strategy
- Prerequisites Common to Licensing and Venturing
- Other Thoughts on Choosing a Commercialization Strategy
- Think About Costs, at All Costs
- If You’re Still Not Sure
- Part 2 - How to Build ’Em and Make ’Em
- Part 3 - Getting High Marks
- Honesty Is the Only Policy
- Covering Every Base When You Pitch
- Unfavorable Odds
- Your Champion
- Chapter 9 - Negotiating Your Deal
- Chapter 10 - Key Deal Points
- Part 4 - Goin’ for the Gold
- Part 5 - Uncle Sam Wants (to Protect) YOU!
- Chapter 14 - How to Apply for a Utility Patent
- Chapter 15 - Flower Power! Applying for a Plant Patent
- Chapter 16 - Applying for a Design Patent
- Insurance Against Me-Too Competitors
- Form over Function
- Putting the Competition on Notice
- Lawyers Need Not Apply
- How to Find a Draftsman
- Design Patents Can Be Valuable
- Defining Design
- Claims
- Improper Subject Matter for Design Patents
- The Difference Between Design and Utility Patents
- Elements of a Design Patent Application
- Chapter 17 - Mark Your Words
- There Is Nothing in the World Like a Brand
- Trademarks Can Take Many Forms
- Dollars and Scents
- Supreme Court Makes a Colorful Decision
- Lost in the Translation
- All About Trademarks
- Do You Need a Federal Trademark Registration?
- Searches for Conflicting Marks
- Establishing Trademark Rights
- Terms of a Trademark
- Types of Applications for Federal Registration
- Use of the ™, SM, and ® Symbols
- Examination
- Publication for Opposition
- Issuance of Certificate of Registration or Notice of Allowance
- Bobbi’s Traps and Tips
- Correspondence and Information
- Chapter 18 - Securing Your Copyrights
- Chapter 19 - I’ve Got a Secret
- Chapter 20 - Say Ahhh! The USPTO Patent Examination Process
- First Office Action
- Your First Response
- Final Rejection
- Amending Your Application
- Time for Response and Abandonment
- How to Make Appeals
- What Are Interference Proceedings?
- What Rights Does a Patent Give You?
- Maintenance Fees
- Can Two People Own a Patent?
- Can a Patent Be Sold?
- Assignment of Patent Applications
- Infringement of Patents
- To Sue or Not to Sue
- Patent Enforcement Insurance
- Abandonment of Patents
- Part 6 - People Who Share, People Who Dare
- Chapter 21 - Hidden Treasures in Uncle Sam’s High-Tech Closets
- The National Institute of Standards and Technology
- The Technology Innovation Program
- Manufacturing Extension Partnership
- In Search of Innovation at USG Labs
- Open for Your Business
- The Department of Energy
- The Small Business Administration
- Small Business Innovation Research Program
- Small Business Technology Transfer Program
- Federally Funded Research and Development Centers (FFRDCS)
- Chapter 22 - Yes, Inventors, There Is a Santa Claus
- Chapter 23 - Inventor Organizations
- Chapter 21 - Hidden Treasures in Uncle Sam’s High-Tech Closets
- Appendix A - Glossary
- Appendix B - Agreement Templates
- Appendix C - Resources
- Index
Chapter 9
Negotiating Your Deal
In This Chapter
◆ When to use lawyers and when to negotiate yourself
◆ Disclosure forms—signing on the dotted line
◆ Everything has its price, including winning
◆ Agreeing to agree is the best first step in negotiation
◆ 10 Commandments of Contract Negotiation
My father said: “You must never try to make all the money that’s in a deal. Let the other fellow make some money too, because if you have a reputation for always making all the money, you won’t have many deals.”
—J. Paul Getty
Negotiating contracts is a skill that can be learned. People tend to make it complex. It ain’t. But sooner or later in the process, you may come face to face with lawyers—those on the side of your opposition and your own. So let’s discuss the lawyers first.
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