Posted by Michael Shimokaji | May 28, 2019 | 0 Comments

QUESTION: How can we prevent manufacturer from making/selling our product behind our back while we have Provisional patent? I am about to reach out to a couple of manufacturers to make my product to sell, but I am unsure about their ethical conduct. And if I reach out to them before I have a Provisional patent issued, can they steal the idea?

ANSWER: It might be best to first file a provisional application before disclosing the invention to the manufacturer. But even if you do, the manufacturer can still steal the idea and you would not be able to sue for patent infringement with a provisional application. You would need an issued patent to sue for infringement

About the Author

Michael Shimokaji

Mr. Shimokaji specializes in the health care industry, including medical devices, medtech, and life sciences. Over the last 30 years, he has also supported clients in industries as diverse as aerospace, apparel, chemicals, computer software, and telecommunications. His expertise includes infringement litigation, patent and trademark portfolio development, and intellectual property transactions.


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