New Product Submission Version Compensation Expected

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Transcription:

New Product Submission Version Compensation Expected Thanks for your interest in submitting a new product idea to humangear. humangear does all of it s own design, but we are open to working with product developers and inventors who have credible products that fit our brand. This document walks you through the information we need from you to adequately review your idea and see if it s a fit for humangear. There are two sections: Section 1: Terms and Conditions Section 2: Product Submission Please fill this document out completely to provide us with an acceptable submission. We cannot review submissions that aren t completely filled out. Page 1/11

Section 1: humangear Product Idea Submission Agreement (Version: Compensation expected) Thank you for considering the submission of your product idea to humangear, inc. ( humangear ). Before deciding whether to submit a product idea, please review and agree to the Product Idea Submission Agreement Terms and Conditions set forth in this document. Any idea submission will be bound by these terms. Background humangear is a product design company that has developed a variety of innovative consumer products. Although we are always happy to consider adding products that complement our current product line, we are continuously working on new products and our resources for developing 3 rd party product ideas are very limited. Given our constraints, we are primarily interested in reviewing products ideas that have been designed & engineered to a level close to being production-ready. Moreover, reviewing outside product submissions can get complicated if a company is already working on a similar concept this is one of the reasons why many companies don t want to even speak with outside product developers or inventors, much less review their ideas. While we are happy to review product ideas, we believe it is important that you understand how your submission will be treated. Therefore, for your protection as well as our own, there are a number of conditions you need to understand and agree to for us to review your submission. Non-Confidentiality Do not submit confidential information. As a product design company, humangear cannot promise to review product idea submissions in confidence. If you would like to keep your materials confidential, please do not send them to us. Is Compensation Expected? Sometimes our customers have ideas for products that they would like to see developed, and don t expect compensation for the idea if humangear decides to develop that idea or a similar product concept further (other than our undying gratitude and maybe some free humangear stuff as a token of thanks). Others would like us to develop a product they have invented and expect to receive compensation for that product. We expect a higher level of development for a product submission that is seeking compensation. If your product idea is more fully developed and compensation is expected for your product design, you re reading the right form. Alternatively, if you don t expect any compensation for your idea and just want to see it brought into the world for all to enjoy please read and agree to our Product Design Submission Agreement No Compensation Expected form to submit your product design. Page 2/11

Intellectual Property Protection for your Idea You should be aware that under the laws of the United States and most foreign countries, you may be able to protect your idea through application for patents, trademarks, copyrights or may maintain an idea as a trade secret by protecting it from non-confidential disclosure. If you hope to be compensated for your idea, humangear strongly encourages you to take measures to protect your idea before submitting your idea for evaluation. Since our review of product ideas is on a non-confidential basis, there is a risk that submitting an idea to us will jeopardize your ability to later obtain a patent or other intellectual property protection for your idea(s). Eligibility Requirements To be eligible to submit a product idea to humangear, you must be at least 18 years old and you must own the product idea that you are submitting. In other words, the idea must be your own original creation and you must own that original creation. You cannot submit the idea of another person or party. Often, employers will require an employee to sign an employment contract. Some conditions of this contract may be that the company will own ideas related to their business. Please determine whether your employer owns the product idea you that are submitting. humangear cannot accept ideas that are in violation of an agreement or understanding with another party, such as your current or former employer. Page 3/11

humangear PRODUCT IDEA SUBMISSION AGREEMENT COMPENSATION EXPECTED TERMS AND CONDITIONS 1) I understand that humangear is under no obligation to hold my idea(s) in confidence or treat any of the information I submit as confidential information. (This is to make sure you understand that an idea submitted to a company like humangear is not a confidential submission and could therefore jeopardize potential trade secret or patent rights you may have in the idea. It also allows us to freely discuss ideas we are considering adopting with third party suppliers and designers). 2) I am the owner of the idea(s) I am submitting to humangear. (It is important that you only submit your own ideas since the ideas of others may be subject to intellectual property rights that neither you or we are aware of). 3) I am not violating any agreement or understanding I have with another party, including my current or former employer. (We don t want you to get into trouble with your current employer). 4) I am aware that under the law of the United States and most foreign countries, I may be able to protect my idea(s) through application for patents, trademarks, copyrights, or may maintain my idea as a trade secret by protecting it from non-confidential disclosure. (If you have a great idea, consider patent or other IP protection for the idea). 5) I hereby give humangear permission to evaluate, discuss, disclose, develop prototypes and/or otherwise use my idea in any manner except commercially producing the idea without any expectation of compensation. (Compensation only if we make it, basically.) 6) In the event that humangear becomes interested in the possibility of commercially pursuing a product design that I have submitted, I agree to negotiate an appropriate licensing agreement (and if mutually desired, an appropriate Product Development Agreement) in good faith. (Let s make a deal.) 7) I will not be compensated for ideas developed by humangear independent of the design(s) I submit to humangear. (Your ideas are yours. Our ideas are ours. Ok?) 8) I understand that humangear is in the product design business, so there is always a possibility that they are currently developing, or in the future may develop, products somewhat similar to the product idea(s) and/or design(s) that I am submitting. To the extent that I believe there is similarity, I agree that any claims I may have against humangear will be limited to patent infringement claims. (See #4 above.) 9) I understand that humangear is under no obligation to use my idea and is under no obligation to return the materials that I am submitting to me. (Sorry, although there are many good ideas, we can t pursue them all). 10) I am at least 18 years old. (Although we know that some of the best ideas come from minors the laws put limits on their ability to convey their rights). 11) The information I am submitting to humangear is true and correct. (Liar, liar pants on fire!) 12) I agree to follow humangear s Idea Submission Rules I have read and understand these Terms and Conditions and agree to be bound by such terms and conditions when I submit my Product Design idea to humangear. I acknowledge that these Terms and Conditions will exclusively govern the relationship between humangear and myself. Henry Chinaski [Signature] Henry Chinaski [Printed name] January 1, 2007 [Date] Page 4/11

New Product Submission [sample answers in blue] Please go through this quick checklist: 1) Is your product idea a simple outdoor (camping, hiking, etc.), travel, storage, or personal-care/lifestyle accessory? 2) Can your product realistically be sold in a store like REI, a luggage store, or a retailer like Container Store or Bed Bath & Beyond? 3) Does your idea work without batteries or electrical power (if it uses batteries or needs to plug into an outlet, the answer is No )? 4) Is your product idea a smart improvement to an existing product, or a simple new product? (For example, a complex new kind of fuel-cell-powered cooking stove, is a ; a better camping plate or utensil is a ). 5) I have read, understood and agree to the Terms and Conditions of the humangear PRODUCT IDEA SUBMISSION AGREEMENT- COMPENSATION EXPECTED (see previous page) If you answered to any of the above questions, please do *not* submit your idea to humangear. We can only review and respond to ideas that are able to answer to all the above questions. Page 5/11

Inventor Information: First Name: Last Name: Street Address: City State: Henry Chinaski 5124 De Longpre Avenue Los Angeles CA Zip Code: 90027 Country: United States of America Daytime Phone: 415 555 1212 Evening Phone: 415 555 1222 Email address: contact@humangear.com What Type of Product are you submitting for review? (circle or underline) - Hydration product - Camping - Cookware - Hiking - Travel - Storage - Personal care - Lifestyle accessory - Other outdoor/travel/personal care/lifestyle (please specify below) Page 6/11

One sentence product need statement: In a single sentence, describe the need your product addresses. This is not a description of what the product does or how it works, but explains the specific unmet need that your product fills. Your answer should fit in the box below: People who own popular hydration bottles (e.g. Nalgene, Camelbak, etc.) need a way to make those bottles easy to clean and fill while also being easy to drink from. One sentence product benefit statement: In a single sentence, describe the primary benefit of your product. This is not a description of what the product does or how it works, but explains the key benefit your product delivers to the user. Your answer should fit in the box below: My two-in-one water bottle lid, which I call the capcap, gives the user the convenience of a large opening to fill and clean their bottle, and a narrow opening that permits drinking without any spillage. One sentence target market statement: In a single sentence, describe the target market of your product. Who is the person, or class of persons, that are mostly likely to buy, use, and benefit from your product? Your answer should fit in the box below: My capcap product will appeal to the thousands and thousands of people (backpackers, campers, students, daily drinkers, etc.) who regularly drink from Nalgene, Camelbak, and other bottles with a standard wide mouth bottle opening. Page 7/11

Complete Product Description: Please describe your idea in complete detail. Tell us how it works, what it s made from, the various features, and any other information you think we should know. You should be able to do this on this page alone but if you need to submit additional pages you can do so. Note that there is a separate section on competitive products, so you don t need to spend a lot of time on that here. My product idea is an accessory cap for popular wide mouth water bottles made by companies like Nalgene, CamelBak, etc. The wide mouth on these bottles is good because it is large enough to get a brush inside so cleaning is easier. The wide opening also makes it easier to put in ice, fruit, etc. However, the large opening is too big to drink from comfortably. Many people will spill on themselves when trying to drink from this big opening, especially if they are trying to drink while hiking or moving in some way. Some bottle companies make hydration bottles with narrow openings that are easy to drink from, but the small opening makes them very difficult to clean or put ice in. Other companies make small bottle inserts that create a narrow opening to drink from, but these inserts can fall into the bottle and the bottle opening is still too big and doesn t leave any room for a user s nose. My product features two caps in one product. The large cap screws onto the water bottle (like the standard cap that comes on the bottle). This large cap features a small spout that has threads and it s own mating cap. To drink, the user simply unscrews the smaller cap and drinks through the small spout. Basically this gives the advantages of both a wide mouth and a narrow mouth bottle. The small cap covers a spout that the user drinks from. I think the spout could be shaped so it s comfortable to the lips. Also, the spout sticks up which gives some room for the user s nose when they are drinking. The small cap is tethered to the large cap with a flexible strap. This tether keeps the small cap handy, and the tether can also serve as a hand-hold to carry the bottle. The large cap screws onto the bottle and won t fall in, like bottle inserts do. I think both caps could be made from a rigid plastic like polypropylene (#5). The flexible strap could be made with a softer PE (#1) plastic. The caps could potentially be made with a rubber coating that would increase the available grip and make them easier to tighten or loosen. Page 8/11

Do you have sketches of your product idea? Do you have computer models or renderings of your product idea? Do you have a works-like or functional prototype of your product idea? Do you have a looks-like or appearance model of your product idea? Is this solely your invention (if others were involved the answer is No )? Have you conducted an informal patent search (for example, using an internet patent search site like Google Patents)? Have you had a formal patent search done by a professional patent attorney or patent agent? Is your invention patent-pending (have you applied for a Regular Patent, or Provisional Patent)? Has a patent been issued on your invention? If yes, what is the patent number(s)? Pat. #: USD605942 Do you have a website that has more info about your product idea? If yes, what is the web address? URL:_www.humangear.com/capcap/ Page 9/11

Images Please insert digital pictures of any sketches, renderings, or physical prototypes you think we should know about. You must have at least some sketches. Computer renderings are better than sketches, and a physical model or prototype (even a very crude one) is best of all. You can insert your images in the space below, or attached them in extra pages at the end of this document. I have made a number of physical prototypes to try different small spout openings (different diameters, heights, and placement on the large cap). See the top two images below. I have also had a finished model made by rapid-prototyping SLA material that has then been painted to look like I imagine the product could look. See the lower two images. Page 10/11

Competitive Products: Please tell us about the products that compete with yours. We ask that you do a basic web search using Google (http://www.google.com/products) and share with us the top results. You can write a brief description, but ideally you can just paste web links to competing products. If you can paste in or attach digital images (again, easily gotten on the web) of the competitives, that s also helpful. General Competitive Summary: There is nothing exactly like the capcap. The existing competitors to this product are the following: 1) Bottle inserts: These are small plastic or rubber-like inserts that get pressed into the bottle opening. They can fall into the bottle, which is a hassle, and they don t really change the opening of the bottle (so, for example, the user s nose still hits the bottle opening when drinking). 2) Straw bottles: These bottles feature caps having straws of various sorts to let the user drink more easily. These straw caps are harder to drink from and also harder to clean. 3) Flip-top bottles: Some companies make combination caps with smaller openings. These typically feature fiddly mechanisms, have poor ergonomics, or just don t work very well. Also, some of these caps are not sold as separate accessories. 4) Narrow/Wide bottles: Companies like Nalgene do sell both wide and narrow mouth bottles. So, some people elect to simply have some of both types. But, this is inefficient and doesn t really solve the problem at hand. Why is your product better than what s already on the market? The capcap gives users the best of both worlds i.e. a wide opening to fill and clear through and a narrow opening to easily drink from. The capcap is better than bottle inserts because it creates a better drinking experience and also affords some secondary benefits like a more comfortable strap, more-easilygripped cap, etc. The capcap is better than straw bottles because many people like the feeling of naturally drinking and don t want to work to drink by having to suck hard through a straw. Also, straw caps can clog with contents and are hard to clean the capcap doesn t clog and is very easy to clean. Page 11/11

What search terms did you use to conduct your competitive web research? Wide mouth water bottle lid Nalgene bottle cap Nalgene replacement cap Water bottle with two caps Combination water bottle lid Improved Nalgene bottle lid Nalgene bottle insert Please list weblinks to the top competitive products: Weblink http://store.nalgene.com/easy-sipper-black-p/2575-4063.htm https://www.guyotdesigns.com/splashguards/ http://store.nalgene.com/otg-p/otg - on the go.htm http://shop.camelbak.com/eddy-75l/d/1012 Product Nalgene Easy Sipper Guyot Designs Splashguard Nalgene OTG bottle Camelbak Eddy bottle Nalgene easy-sipper: Page 12/11

Basic web patent search: Please do a basic Internet patent search on your product. Go to http://www.google.com/patents and type in reasonable search terms as if you were searching for information about your product on a standard web search. For example, if your product idea were a better folding camp stool, you d use search terms like folding camp stool, folding chair, portable seat etc. You will typically get many results that you can click through. Note that each patent result has a Prior Art button that will lead you to other patents related to the one you selected originally. We find that many new inventions have already been invented before. This does not mean your product can t be made into a successful item, but it is important to know about these prior patents. If you ve had a formal patent search done by a professional, please attach the results of that search to your submission. Please list the search terms you used in conducting your Google patent search bottle insert combination bottle cap drink bottle cap nalgene lid beverage lid double opening Please list the links to any relevant patents you found: https://www.google.com/patents/usd509135?dq=bottle+insert&hl=en&sa=x&ei= pwdivlvllojzsatjwic4bg&ved=0cfsq6aewctgk https://www.google.com/patents/us2844267?dq=combination+bottle+cap&hl=en &sa=x&ei=02divoxrgjw_sqsxy4dqbw&ved=0cb0q6aewaa https://www.google.com/patents/usd547607?dq=d547607&hl=en&sa=x&ei=p2 hivm7pby-4ogsn9ogacq&ved=0cb0q6aewaa https://www.google.com/patents/us20070007296?dq=nalgene+lid&hl=en&sa=x &ei=6ghiviqsejltoatfoycydq&ved=0ceyq6aewbjgy https://www.google.com/patents/us20130175234?dq=beverage+lid+double+ope ning&hl=en&sa=x&ei=3glivldzc8baiakwzydicq&ved=0cfuq6aewca Page 13/11