new software product

[john mirkovich]

Jurisdiction

Michigan

hi all - i have developed a software product and i'm considering working with a patent attorney to protect it. more importantly, i have never marketed anything like this. i'd need to get an llc, web presence, and so much more. i've had an interested party (established software company) interested in hiring me and using my technology, which would make matters much simpler for me. i'm concerned:
1) they are overseas, i'm in the u.s.
2) what if they hire me, get my source code, and abruptly relinquish my employment status?
i'd probably need to sign a contract with them, but again, them being overseas would add complexity for remedial actions by me, if necessary?
i've also thought about reaching out to another established software company or two about some sort of partnership / employment / royalties for
use of my product / technology. any thoughts for the best way to proceed, with the most important aspect being protecting myself and my product?

 

[adjusterjack]

i'm considering working with a patent attorney to protect it.

Don't just consider it, do it. And when you have your patent, hire a business attorney to advise you on any contracts with anybody.

2) what if they hire me, get my source code, and abruptly relinquish my employment status?

Then you get to spend tens of thousands of dollars on litigation to pursue the matter whereas you could spend a fraction of that money on an attorney now to protect yourself from that risk.

It's like the guy on the oil filter commercial says. You buy the $5 oil filter now or the $10,000 engine later.

 

[zddoodah]

what if they hire me, get my source code, and abruptly relinquish my employment status?

That would suck.

them being overseas would add complexity for remedial actions by me, if necessary?

Yup. And increased expense.

any thoughts for the best way to proceed, with the most important aspect being protecting myself and my product?

Consult with a patent attorney.

 

[flyingron]

You need to talk to a patent attorney. You need at least the provisional application before you disclose the thing you claim is patentable to any one lest it become NEVER PATENTABLE. Once you provide the provisional, you can work with others. You need to follow up with the non-provisional application within a year of the provisional.

No "contract" you have with the other party has any bearing on this. You can have a nondisclosure agreement or other thing in place, but that just encumbers them. It doesn't change the patent aspects. Patents are required to be novel and nonobvious and this goes out the window when you tell anybody about it.