Designing custom equipment. Who owns the rights?

[Jedi]

Let's say I have an innovative equipment design that adds multi use functionality to a brewery. I provide this design to a equipment manufacturer to make for me custom. Let's say this piece of equipment would be attractive for many other breweries.

What normally happens, would I own rights to the design? Does the equipment manufacturer own the rights? Does anyone usually care or document (either party)?

I was hoping negotiate a deal to get it made at materials cost only, test and warranty feedback then the manufacturer can then own the final design to sell to anyone else.

What is reasonable in the end in the brewery world?

Thanks.

[gitchegumee]

Don't see anything new....

"Innovative" in the commercial beer world is a stretch. I've seen kerosene-flamed kettles from Hungary, complicated homebrew HERMS, and even owned a RIMS system at one time. Brewers are an inventive lot and there are things out there that boggle the mind. Everybody borrows from others' ideas. There is no ownership of design. Even if you do get something unique on the market, your first customer will want to customize it. Then is it his/her design? Those brewery manufacturers who have great equipment owe it to their attention to detail and customer service. Not the specific P&ID for their system. But that's just me. Maybe this new brewery appliance for sale now will take the world by storm. I'm skeptical. But best luck in your endeavor and hope that one day there really is a revolution. It's happened before with mechanical refrigeration, microbiology, clear glass, thermometers...

[mswebb]

Really depends on the contracts your sign with your engineers and manufacturers. If the idea is truly innovative you patent it, don't discuss it with engineers or manufacturers without signed non-disclosure agreements and don't build anything without a contract in your favour. If in the end you want the manufacturer to own it, you're going to have to sell them on the idea.

[gasketman]

Rights

The first step would be to have your supplier sign a confidentiality agreement that keeps your information private, then if it is truly innovative you would need to apply for a patent. The biggest issue is whether you can trust the manufacturer.

[TGTimm]

Even with a patent, it's a matter of who's lawyer can beat up who's.

My father has been supporting himself as an inventor for a couple of decades. He's given up on trying to patent anything, and simply tries to get a lot out and sold before someone steals the idea--then come up with another.

Just a thorough patent search can run into the 10s of K$.

A written agreement with a manufacturer will probably be about as enforceable as a patent. Get a lawyer involved (I hate saying this).

[nohandslance]

Equipment Build

Depends on your fabricator, If it is a brewery specific company then yes I would want to cover all angles in keeping your drawing confidential. If it is a fabricator that has other industries they deal with I say no.
Case in point, I had a fabricator do all the main bends for my Gen2 malting unit. I did all the main welds to piece the parts together. Gave them all the drawings,
they are a large shop and could care less about malting or brewing design. They just want to get paid..

Lance Jergensen
Rebel Malting Co.
Reno, Nevada USA
ljergensen@rebelmalting.com
775.997.6411

[Jedi]

Lots of feedback. Thanks everyone so far.

I realize it's hard to understand if my idea is unique amongst all the newer technologys surrounding the brewery industry over the past few years.

My idea is not revolutionary but that fact that the piece of equipment can suit multiple roles in which you would buy separate equipment for for a third of the price of all of the roles is. This to me is part of innovation.

Starting I brewery I have too much on my mind to manage the development of a unique piece of equipment that people will end up copying. Plus I don't mind sharing. So id rather get a deal with the brewery manufacture and have them deal with the rest. I guess I need to know if I can use that as leverage to get that deal. Cause where I'm at, I spent the energy to make the design and the brewery equipment company will sell more of what I just designed, even to my competition.