Help with IP issues

HappyUser

Hello


I had developed a concept for a medical device that it is novel but I have not patented it yet. I sent a patent application but it will take 6 months to get first results and then I would be able to patent it.


Frustrated by UK universities and funding organisations, I pitched to two big pharma competitor companies via their open innovation platforms.


I am waiting to hear back from them but it takes longer than they mention on their websites.


My question is, if both express interest in the idea, what could I do?


If I choose to co-operate with one of them, will that one be okay with the fact that I have disclosed it to their competitor? And will the other one just do nothing and not develop the idea on their own?


Is there a way I could get funding from both to develop the device myself? Will they be okay to fund my company knowing that their competitor has also shares?


What should I do in such situation?

Manxman_in_exile

I'm probably mistaken, but I thought that at one time you couldn't get a patent if you've already disclosed the "invention" to a third party? (The point of a patent is to protect the invention from others).


I'm probably wrong or the law may have changed, or you may be covered if you've disclosed it as "patent pending".


Others will know better than me.

HappyUser

Manxman_in_exile wrote: »

I'm probably mistaken, but I thought that at one time you couldn't get a patent if you've already disclosed the "invention" to a third party? (The point of a patent is to protect the invention from others).


I'm probably wrong or the law may have changed, or you may be covered if you've disclosed it as "patent pending".


Others will know better than me.

This happens only if you publicly disclose the invention, not if you disclose it to a third party who they are supposed to respect your confidentiality.


See what they say here:

You are free to submit your idea to other parties. We request that you not disclose that Medtronic is reviewing your idea. We further request that if you submitted your idea confidentially, that your submission of the same information to other parties is also under confidentiality and you maintain all communications with Medtronic confidential. If you publish or otherwise publicly disclose information that will affect the confidentiality of the information being reviewed by Medtronic during the evaluation period we request that you inform Medtronic of such disclosure.

unforeseen

And the problem will come as the full details of the patent will be in the public Domain if you get it before the pharmas make a decision.

Manxman_in_exile

unforeseen wrote: »

And the problem will come as the full details of the patent will be in the public Domain if you get it before the pharmas make a decision.

How will that be a problem? The whole point of a patent is to make it public, but to protect the inventor by preventing others from infringing it (unless the patent holder licenses 3rd parties to allow them to do so).


That's assuming the OP is covered as suggested in #3.

antrobus

HappyUser wrote: »

....

I had developed a concept for a medical device that it is novel but I have not patented it yet. I sent a patent application but it will take 6 months to get first results and then I would be able to patent it

...

You can't patent concepts.

I could make a patent application for a time machine. But unless I've got one that actually works it might be tricky persuading the UKIPO to grant a patent.

Have you actually built a prototype?

HappyUser

antrobus wrote: »

You can't patent concepts.

I could make a patent application for a time machine. But unless I've got one that actually works it might be tricky persuading the UKIPO to grant a patent.

Have you actually built a prototype?

You don't need a prototype to patent something and several lawyers have advised me that it's novel and patentable in addition to novelty search I paid to perform.