I've developed a low volume high priced product, which I currently sell in the EU market. A UK based company would like to sell my product in countries including the US. I don't want to start wading through US patents to see if my product infringes one.
In the distributions agreement would it be reasonable to ask for a clause such as:
"The Distributor indemnifies and holds STARTUP harmless against any claim of infringement of patent rights arising from sale of STARTUPS's product"
Would this be highly unusual as the clause normally work the other way? Do you know of any agreements that have this type of clause protecting the developer in this way?
My company will not have any physical presence in the US and neither will the distributor.
EDIT I suppose asking the US customer to indemnify the STARTUP against US patent infringement would be unreasonable/unlawful?
I know this all sounds paranoid, but US software patents seem to be granted for the most obvious ideas, so I think it is quite possible we infringe one.