Legal Question in Business Law in Indiana

Re: New Invention

The attorney-client privilege is stronger than any NDA. As a matter of common sense, you should not DIY first (file a provisional), then go see a patent attorney. Your first stop should be to a patent attorney. The patent attorney should help you file a proper provisional application (if in your best interest to file one at all) because, while the provisional is an incomplete/preliminary application, it can significantly limit the scope of your claims in the subsequent non-provisional application.

I understand some inventors are worried about disclosing their inventions, and you absolutely should be, except that it is not necessary for you to be worried about disclosing your invention to a licensed patent attorney. Significant education and licensure is required to become a Patent Attorney and to retain those licenses, and your disclosure will be held in complete confidence.

Check to see if the patent attorney has a website, and maybe you can see some of his/her credentials and experience, which may help put you at ease. All patent attorneys must have a 4 year degree (or equivalent) in a hard science (e.g. engineering, chemistry, biology, physics) in addition to their law degree. You may want to find a patent attorney who specializes in the field of science to which your invention relates (e.g. an electrical engineering patent attorney and a biotechnology patent attorney handle distinctly different types of inventions).

Hope that helps a bit. Good luck to you!

Re: New Invention

You don't need an NDA before meeting a patent attorney. First, any licensed patent attorney will know that the true inventor must be listed on a patent application. Additionally, client confidentiality rules already prevent a lawyer from sharing your info in a manner that would be covered by an NDA. So you don't need to worry about a patent attorney taking or sharing your invention without your consent. As for a provisional application, the patent attorney can help you with that, but you don't need to have one in place before meeting the attorney.

Let me know if you have any additional questions or need help locating the best patent attorney to meet your needs.