China Manufacturer

I am an individual and have a provisional patent - and is negotiating with a manufacturer in China to produce the product. What sort of legal agreement do I need to ensure them not doing anything unethical with my product?

Dear Horatio:

The most important aspect of a licesing negotiation is to know what you want and what you can get from the licensee (the one who will be using your patent to make a product). This process involves research on the factors that will affect the outcome of the negotiation, such as the market royalty rate, the licensee's past history, the condition of the economy, etc. This information will allow you and/or your lawyer to negotiate the best agreement for you.

Concerning the other question typically asked by patentees; how confident can I be that the licensee will not misuse my patent, this question is only important if the licensing negotiations do not succeed. In that case, your best option is to watch their activities and take action if they do use your patent without your permission.

Dr. Dariush Adli, Ph.D, Esq.

ADLI LAW GROUP P.C.
633 West Fifth Street, Suite 5880
Los Angeles, CA 90071
Phone:(213) 623-6546
Direct:(213) 623-6547
Fax: (213) 623-6554
Email: adli@adlilaw.com
Web: www.adlilaw.com

Doctor,
I thank you for your response to one of my concerns in dealing with manufacturers in China. The company with whom I am dealing is supposed to be a reputable establishment and we have been negotiating over the past three months. I feel fairly comfortable with them and we chat regularly on SKYPE. Anyhow, I have our attorney compiled a Letter of Confidentiality which I have sent to them. If and when they sign, I will precede with our agreement... and hoped for the best.
I thank you again for your response, and suggestions - all of which have led to our decision to act decisively.

Respectfully,
Horatio M Bennett