Discussion:
What is the name of your state? florida
I recently sent an idea protected by a provisional patent to the delta corporation. Today i received a letter asking me to sign and return this CONFIDENTIAL DISCLOSURE WAIVER. Is this a letter saying they won't submit the idea to any other company or is this a letter with a hidden meaning asking me to sign the patent over to them. Any information whatsoever would be much appreciated. Below is the exact copy.
The undersigned represents that he/she now has certain suggestions, inventions and/or ideas and may in the future have other suggestions, inventions and/or ideas (herinafter referred to as "suggestions") and desires to interest Masco Corporation, its subsidiaries and affiliates in the merits of such suggestions. The undersigned acknowledges that masco corporation, its subsidiaries and affiliates cannot receive such sggestions in confidence and will consent to the disclosure thereof to their representatives only under conditions hereinafter set forth, and not otherwise. First: all rights and remedies of the undersigned (and principals, if any, of the undersigned) arising out of the disclosure of such suggestions to, or th use theeof by masco corporation, it's subsidiaries, affiliates or any of their representatives, shall be limited to such rights and remedies as may now or in the future be accorded under united states or foreign patents. Second: all oter claims of ay nature whatever arising out of any disclosure of the undersigned to Masco Corporation, it's subsidiaries and affiliates are hereby waived.
Answer:
"I recently sent an idea protected by a provisional patent to the delta corporation."
I am sure you are aware of this, but there are no "provisional patents" -- there are provisional patent applications, but provisional applications are just applications, not patents and provide NO protection. The ONLY purpose of a provisional application is to establish a date of invention; if a provisional isn't turned into a nonprovisional application within 1 year, it just disappears entirely, and cannot be used for ANY purpose, even establishing a date of invention.
"Is this a letter saying they won't submit the idea to any other company or is this a letter with a hidden meaning asking me to sign the patent over to them"
Neither. What it is saying is that when you send them an idea, they can blab it to whomever THEY want to, and you can't do anything about it. Further, they can take your idea, and do with it whatever they want, and unless you have a patent on the idea, you agree that you have NO remedy.
This is definitely something you will want to talk over with your lawyer before you sign it. It gives you absolutely NO protections whatsoever, but it appears to give THEM plenty.