Even though I have "patent pending" status, should I still use a non disclosure agreement?

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Protecting Your Ideas

Even though I have "patent pending" status, should I still use a non disclosure agreement?

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firewater1243

posts: 11

Feb 26, 2009 9:03 PM ET Quote Report Abuse

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Hey everyone. I recently files a provisional patent on a new idea I have. I am now beginning to look for potential prototype companies but I am not sure if I am completely safe. Should I still have the companies sign a non disclosure agreement or is it redundant?

Daniel Waldrep

Arteson Enterprises Inc.

Imortal

posts: 98

Feb 26, 2009 9:40 PM ET Quote Report Abuse

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I would still use it. Without it then other companies can look at your idea and start figureing a way around the patent.

davebarnes04

posts: 52

Feb 27, 2009 11:47 AM ET Quote Report Abuse

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I would agree...use it! My company took about 2 years to go through finally getting our patent. During that provisional time, we used a ND agreement with all venders and possible distributors. Even then there were some that thought they could get around at it (EU) and luckily because we had documentation in place with our distributors too, our Belgian Law Firm was able to shut down the "evil doers".

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Dave Barnes
Spider Climbing, Inc.
(734) 994-0646
www.spiderclimbing.com

2009 Elevator Pitch Contestant Please vote for us!

firewater1243

posts: 11

Feb 28, 2009 7:11 PM ET Quote Report Abuse

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Thank you guys for the information. I have one more question though. In the nda, how in depth should I go with the description of the confidential information?

patentandtrademark

posts: 1332

Mar 01, 2009 6:15 PM ET Quote Report Abuse

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NDA can be very tough to enforce. It`s also just about always possible to "work around" somebody else`s invention - it happens all the time and it`s how better products get produced.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

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Even though I have "patent pending" status, should I still use a non disclosure agreement?

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