subject: 3 Things You Should Know About Signing A Non-disclosure Agreement With Your Patent Attorney [print this page] As an inventor, you should always maintain secrecy about your work. Please take note here, thefts do happen, and so, it makes sense to take precautions. However the fact is that, you can never keep it a complete secret. This is impossible. For instance, you will always have to tell your patent attorney about your invention.
That's because the person has to know about it before he or she can help you make the patent application. The attorney will be creating your draft, filing the application, and will follow up the issue with the patent office. Naturally, the person must have a good understanding of your invention.
A lot of inventors are uncomfortable, because they have to disclose their invention to their patent attorneys. This is precisely why they are always asking their lawyers whether they are OK with signing a "Non-Disclosure" agreement (NDA) or not. The good news is that, most lawyers or attorneys have no problems at all. They appreciate the concerns of inventors and this is perfectly acceptable to them. Attorneys are anyways not supposed to divulge the secret. But sadly, the world is not the perfect place that we want it to be. And that's why, it is best to ask for some protection. At least, it gives you peace of mind.
Should You Pay More Money for the Non-Disclosure Agreement?
*It is a fact that, often, a lot of attorneys will charge additional money for the agreement. Should you pay more for the NDA? Many inventors ask this, because, they feel that this is a question of ethics. They believe that lawyers and attorneys should always be loyal to their clients. And so, they should never have to pa any more to make them sign the NDA. Since the attorney is expected to be loyal, no additional fees should be charged for this.
*There is truth in this frankly. But do remember, your attorney will still need to do additional work because you want the person to sign the NDA. The draft of this agreement has to be created. And so, the person can logically ask for additional fees for extra work done for you.
*Legally, you are not compelled to go into a Non-Disclosure agreement with your attorney. The state law asks lawyers to remain confidential to their clients. Your relationship with the attorney is covered under this. But it might still make sense to make the person sign this document. It will give you extra protection.
