When engaging with an Original Design Manufacturer (ODM), a critical question arises: "Are your ODM designs patented, or can they be sold by multiple clients?" The answer is not universal and depends entirely on the specific agreement and the manufacturer's policies. Typically, ODM providers develop pre-designed products that are offered to multiple clients. These are often not patented by the manufacturer, allowing them to sell the same design to various businesses for private labeling. This model provides cost-effective, ready-to-market solutions. However, some ODM firms may hold patents on certain innovative designs or technologies. In such cases, they might offer exclusive rights to a single client, usually under a separate licensing agreement, which naturally comes at a higher cost. The key for any client is to have absolute clarity before contracting. You must explicitly discuss and define the intellectual property (IP) rights in your Master Service Agreement or purchase contract. Specify whether you are buying a non-exclusive product, an exclusive right to a design in your territory, or a full license to a patented design. Never assume exclusivity unless it is clearly documented. Proactive communication with your ODM partner about IP ownership, confidentiality clauses, and resale rights is the only way to secure your brand's position and avoid future market conflicts.