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Does a non-disclosure contract protect you the same as a patent does when selling an invention?

  
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Does a non-disclosure contract protect you the same as a patent does when selling an invention?

Postby freedom97 » Thu Dec 15, 2011 3:02 pm

I have come up with a really GREAT invention, something I know will sell and people will love, and I want to see it on the market as soon as possible. I have spoken to an attorney about getting it patented a few months ago and they told me that it would take me roughly 2 years to get one and it would cost me between $2,000 - $7,000 to get it done. I am can not stand waiting that long and want to find a way to speed the process up. So, if you meet with a company about the invention and have them sign a non-disclosure agreement before speaking to them about it, does that cover your *** the same as a patent does? Is there a specific way the non-disclosure can be drawn up that will protect me and my invention should they leak it out and/or try to get it patented behind my back? I mean $7,000 is allot to come up with and the patent lawyers do not work like personal injury attorney's do, on a contingency basis, so it is kinda making me have to look at different avenues for protection and getting it done.
freedom97
 
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Does a non-disclosure contract protect you the same as a patent does when selling an invention?

Postby fychan97 » Thu Dec 15, 2011 3:04 pm

I have come up with a really GREAT invention, something I know will sell and people will love, and I want to see it on the market as soon as possible. I have spoken to an attorney about getting it patented a few months ago and they told me that it would take me roughly 2 years to get one and it would cost me between $2,000 - $7,000 to get it done. I am can not stand waiting that long and want to find a way to speed the process up. So, if you meet with a company about the invention and have them sign a non-disclosure agreement before speaking to them about it, does that cover your *** the same as a patent does? Is there a specific way the non-disclosure can be drawn up that will protect me and my invention should they leak it out and/or try to get it patented behind my back? I mean $7,000 is allot to come up with and the patent lawyers do not work like personal injury attorney's do, on a contingency basis, so it is kinda making me have to look at different avenues for protection and getting it done.
a non-disclosure contract doesn't protect you at all in the same way...

Here is the difference...a patent protects the invention no matter who tries to make a copy...

a non-disclosure agreement doesn't protect the invention at all...all it does is stop whoever you told about the invention from telling anyone...in theory...

See...if someone tells someone who tells someone...that that third someone makes an invention just like yours...you're screwed...first, you have absolutely NO remedy against the person who made the invention...because you don't have an agreement with them...second...your remedy against the original person you told is limited because you may or may not be able to prove that they told someone else...it isn't enough for you to go into court and say "he's the only person I told."...

Finally, the most important thing is that whoever you have the non-disclosure agreement with isn't going to make profit from your invention if a third party is the one that makes the invention...so the only money you can possibly get from them is what they have...which may be far less than what the invention producer is making from it...
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