Within a year and a half after I submitted my idea for a cat litter box and bag system in which litter can be sifted through holes in the bag and clumps remain behind, The product "Sift and Toss" cat litter bags showed up on the shelves of pet stores made in China distributed by All Star Products. The mesh bags are virtually identical to the ones I submitted. Unfortunately, I trusted Edison Nation and did not read the fine print in the contract you must submit to do business with them and I did not have a patent. I later learned that even if I had had a patent, they reserve the right to reassign the patent to themselves. Below is the exact wording from their contract. I hope someone will see this before this before signing a contract with them. EN has effectively "buried" all complaints about them to page 2 or 3 of search engines so that their positive reviews are all on page 1. DO NOT trust them. The wording of the contract states in several places:
"WHEREAS Edison Nation desires to Consider the Innovation for purposes of possible acquisition of the Intellectual Property;"
"Assignor irrevocably quitclaims, sells, assigns, transfers, and conveys to Assignee all rights, title, and interests in, to, and under the Intellectual Property. Assignor does not, however, transfer title to, or grant any rights or interests in, any tangible articles of the Intellectual Property.Assignor further covenants and agrees, and binds any and all heirs, administrators, legal representatives, nominees, and assigns, to assist and cooperate with Assignee in the preparation and prosecution of any patent, trademark, or copyright application included within the Intellectual Property and in the prosecution or defense of any interference, opposition, lawsuit, or other proceeding that may arise in connection with the Intellectual Property and, further, to execute and deliver to Assignee any and all additional petitions, oaths, assignments, or other papers or instruments that may be reasonably requested by Assignee; provided, however, that the actual, reasonable costs to Assignor that are incurred in compliance by Assignor with such assistance and cooperation will be reimbursed by Assignee.Assignor further covenants and agrees to authorize and empower Assignee to invoke and claim for any patent application, patent, trademark application, and trademark registration included within the Intellectual Property the benefit of any rights to which Assignor might be entitled under international law or under the laws of any particular country, and to invoke and claim such rights without further written or oral authorization from Assignor. Assignor appoints Assignee as its lawful attorney-in-fact to act on its behalf for the limited purposes of effecting recordation or public notice of the assignment of any of the Intellectual Property, including the execution of assignment instruments for purposes of recordation with, for example, the U.S. Patent & Trademark Office and the U.S. Copyright Office.Assignor further covenants and agrees that this Assignment shall inure to the benefit of the successors, assigns, legal representatives, or nominees of Assignee, without further written or oral authorization from Assignor.""Innovator acknowledges that Innovator is entering and upon submission entered into this Agreement only after careful consideration of this Agreement and the Innovator Assignment and Commercialization Agreement, and that Innovator has had full and fair opportunity to seek legal advice concerning the rights and obligations of the Parties to this Agreement."
"During the Term of this Agreement and subject to Section 3 below, in consideration for Edison Nation’s promise to Consider the Innovation, Innovator agrees to enter into and immediately sign, without negotiation, the Innovator Assignment and Commercialization Agreement attached as Exhibit A, including all of the terms and obligations, upon receipt of a Notice of Selection for commercialization of the Innovation."
" WHEREAS Assignor agreed to the terms and conditions of the Prior Agreement as part of a submission that Assignor entered on the Edison Nation Web site, the Submission Acknowledgement for which is included as Schedule A;
WHEREAS Assignor is obligated under the Prior Agreement to sign this Assignment for purposes of possible commercialization of one or more products based on the Innovation submitted by Innovator to Assignee under the Prior Agreement; and
WHEREAS Assignee desires to acquire, in accordance with the terms and obligations arising under this Assignment, all rights to the Intellectual Property now existing or created in the future that are associated with the Innovation;"
"Any and all inventions; any and all domestic, foreign and international patents and patent applications, including any reissue, reexamination, extension, renewal, substitution, conversion, confirmation, division, continuation, continuation-in-part, provisional, nonprovisional, and the like of any patent or patent application, and any patent or patent application claiming a right of priority to any of the foregoing; all domestic, foreign and international trademarks and trademark applications and registrations, and related domain names and Web sites; all domestic and foreign copyrights; trade secrets; know-how; and designs; and including any refinements, changes, variations, derivatives, and improvements of the foregoing; and any past or present right or cause of action arising under any of the foregoing, including the right to sue for infringement, which are incorporated in, embodied by, or otherwise directly related to an Innovation."