Non-Disclosure Agreements Quiz
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1.
Have you already disclosed your idea to this party or a third party without a non-disclosure agreement?
If your answer is yes,
That’s fine, but if you have disclosed your idea to this party or another one, your rights with regards to creating and enforcing a non-disclosure agreement may be limited. Particularly, such disclosures may already be ‘out of the bag’ and you may be in a weak bargaining position with respect to this disclosure. Furthermore, under U.S. patent law, you may have made a public disclosure that started a 12 month window in which you must file a U.S. patent application to avoid forfeiting your rights.
If your answer is no,
Great. You ideally should have the other party sign a non-disclosure agreement before revealing any confidential information. This is especially true if you still have not filed a U.S. patent application for your invention. Under U.S. patent law, a public disclosure starts a 12 month window in which you must file a U.S. patent application to avoid forfeiting your rights.
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2.
Has the other party agreed to sign this non-disclosure agreement yet?
If your answer is yes,
Great, Now you can really tailor your non-disclosure agreement to a particular company/situation. Since non-disclosure agreements are often negotiations between parties, each situation may be different and may require some unique terms and conditions. It is great that you are interacting with a company that is already willing to sign a non-disclosure agreement.
If your answer is no,
Ok, so you may have some work to do. Most of this work will be in negotiations, convincing the other party that they should sign a non-disclosure agreement. Many parties (such a venture capitalists and attorneys) rarely, if ever, sign non-disclosure agreements. Once you have a party ready to sign a non-disclosure agreement, Patent Express will be of the most help to you.
Disclaimer
The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Though started by attorneys, Patent Express is not a law firm and is not a substitute for an attorney or law firm. Patent Express cannot provide legal advice and can only provide self-help services at your specific direction. Please note that your access to and use of PatentExpress.com is subject to additional terms and conditions.