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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