Friday, April 18, 2008

Is it possible to get a non-disclosure agreement with a patent lawyer? If so, would the lawyer be willing to? -

I have an idea that I want to patent and have considered seeing a patent lawyer. I do have concerns about this however. I have read questions before about a patent lawyer stealing your idea or giving your idea to a big company within the industry your idea falls into. Most people have said to mail whatever documentation you have about the idea to yourself via certified mail. I think this is a brilliant idea! HOWEVER, I am the type of person who likes redundancy. If I wanted to have a patent lawyer sign a non-disclosure agreement, would they be willing to do so? I truly believe my invention is worth billions of dollars and I don t want some quot;lawyerquot; to steal my idea or give it to a potential competitor of mine. I really don t think I would do business with a patent lawyer if they didn t sign an NDA. An idea worth billions of dollars is not to be taken lightly.

First, sending the idea to yourself in a sealed envelope is not a very good way to protect the idea. Envelopes can be easily opened and resealed so having such an envelope proves little. You need to have a written description of your invention witnessed by two witnesses who you trust (preferable not immediate relatives). Make sure they date the document and agree to keep it confidential. This is the best first step. As for patent lawyers, I have been one for 20 years and have never even heard of a patent lawyer actually stealing an invention. Go to a reputable firm and you will be fine. I have never been asked to sign a non-disclosure by a client, although I probably would.

Lawyers are bound by the Ethical Canons not to disclose ANYTHING that a client says to them without the client s permission. Thus, whatever you tell the patent lawyer will stay with him/her. S/he won t have any problem whatsoever signing a NDA. Good luck on your billions and be sure to donate to Darfur.

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