How To Use
Your company should have a Submission Agreement Policy if for no other purpose than to use it in court if you are challenged with infringement regarding any idea or ideas you supposedly received in a submission. This is strictly a defensive document. Many companies have been plagued by inventors, artists and authors submitting works, processes or supposed inventions to them on an unsolicited basis and then being sued later.
Many of these companies have made it a policy to refuse to accept these submissions unless the person submitting them either has a patent already (in which case the company can get the patent from the patent office and then decide if they want to use it, or if the patent will stand up in court) or signs a one-sided agreement. This form is about as one-sided as it can get. It makes the company the sole judge of the payment to be made, if one is made at all, and is used in practice to discourage submissions.
In sum, this is a treacherous area full of litigation pitfalls. Be smart. Get a signed agreement such as this one prior to doing anything else.
- Keep a running record of these submissions and the forms received, or not received, back.
Submission Agreement Policy
Our Company (“The Company”) is interested in possible means of developing new ideas, inventions or processes. However, we have frequently found that suggestions submitted to us are already available from our own staff, through published sources or other legal means. This can lead to possible confusion concerning the origin of the idea. For this reason, we prefer that only patented inventions be disclosed to us. In the event that you have not done so, we suggest that you consider this, and consider obtaining independent legal and business counsel prior to submitting any ideas or other objects to us.
The following is the general policy we have adopted in regard to unsolicited submissions: