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49 J. Pat. Off. Soc'y 783 (1967)
Industrial Protection of Preproduction Disclosures

handle is hein.journals/jpatos49 and id is 809 raw text is: November, 1967, Vol. XLIX, No. 11 INDUSTRIAL PROTECTION OF Gary R. Myers PREPRODUCTION I DISCLOSURES Company X manufactures products and has design and research groups engaged in the development of new products. The company, being alert to customer needs, may submit proposals for new products to present or prospective customers, or the customers may request proposals from the company. These proposals may be in the form of blueprints, drawings, or samples. To derive any advantage from its effort, company X must disclose these proposals to the customer for evalua- tion or testing purposes. At the -same time, the company wants to protect what it considers to be a proprietary interest in the proposals. Company X may also seek some monetary return by charging the customer for the cost of producing the samples or the engineering time- while still protecting its proprietary interest in the disclosures. The optimum solution would be an express written agreement providing that the samples, blueprints and the like are trade secrets of company X and are confidential; that the customer is considered to be in a position of trust with company X; and that any disclosure, sale, or use of the samples or blueprints, or three dimensional models of the information contained in blueprints or drawings without. authorization of company X is a breach of that confidence and trust. This agreement would be in con- junction with a sale for experimental purposes only, which would include both the cost of producing the samples and the engineering costs. In this way company X would have complete protection before releasing the proposal to the customer. The difficulty, however, is that often the customer will not accept such an express agreement. The question, C Dickinson Law Review.

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