Legal Question in Intellectual Property in Florida

Any attorney will say it depends on (a) what you disclose; and (most importantly) - (b) the terms of your NDA - nondisclosure agreement. Your NDA and factual background needs a careful legal review. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

You said you were "applying for a patent." Have you filed a patent application? I would generally counsel you to both file and try to get an NDA as well. If it is a good opportunity and they won't sign an NDA, then as long as your application covers what you disclose, then you are as "protected" as you can be without an issued patent. Of course if your patent never issues, you will have no cause against the company unless you have an NDA.

Unfortunately, you cannot completely prevent 3rd parties from divulging your idea, particularly if a NDA was not used at the time of your initial disclosure. To fully protect your invention, particularly if you intend to pitch your idea to companies, file for a provisional application for patent registration with the USPTO and use an NDA before disclosing your invention to companies.

If you have not already done so, consult an experienced Patent Attorney to draft and file your patent application.

COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.