Legal Question in Intellectual Property in New Jersey

Re: Confidentiality waiver

This kind of document is pretty simple in form; the problems arise when an unscrupulous party signs the document, accepts the information, and then uses it in violation of the agreement. These cases are very painful where the owner of the secrets is a start-up company or individual inventor -- you may eventually win, but it may cost you a lot of money and take a lot of time to get redress. Therefore, I would suggest disclosing only the bare minimum of truly secret information.

Lawrence Graves

Fierst & Pucci LLP

64 Gothic Street

Re: Confidentiality waiver

NOT A WAIVER! Don't use the wrong language!

Hopefully someone in your state, nearer to you, will volunteer

to represent you. You'll need a non-disclosure agreement signed

by each manufacturer, perhaps more. You might want to contact

a patent attorney in particular, even if you're not ready to try

to procure a patent, because he'll a) know how to keep your secret

while you talk with manufacturers (and have N.D.A. forms, and will be

familiar with the very many possible clauses in such forms and the

meanings and enforceability courts have given each of the clauses),

and b) will help you preserve the right later to get a patent if that's

possible. You can expect to be told that not getting a patent is an

invitation to trouble, if not from the manufacturers you talk to, then

from people they (contrary to the agreement, but hard to prove!) talk

to. Patent violations don't require proof, generally, that your idea

was transmitted to the infringer. But if you can't afford it, won't

be able to get one because the idea isn't patentable, or whatever other

reason, you tell the attorney that and do what you can.

good luck. When the cat is out of the bag, please tell me about your

invention!

[email protected]

Stuart Williams

Newton, MA

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Re: Confidentiality waiver

NO. There is not a confidentiality document that will protect you. The document which purports to do that is called a "Secrecy Agreement" or "Confidentiality Document" or "Non-Disclosure Document". The problem is that these agreements are ike anti-gun laws. Only the good guys honor them, and the bad guys are the ones you want to stop. The only sure protection is to keep your trade secret to yourself or to get a patent. As Stuart Williams said, it is not a defense to patent infringement that you came up with the idea yourself. That is, however a good defense to a trade secret misappropriation claim even where there is a Secrecy Agreement. So, bottom line....see a patent attorney, as he or she will know not only how to quickly and simply do a secrecy agreement, but more importantly how to get you some real protection.

Having said all that, I would note that most major companies respect secrecy agreements but will not sign them with anyuone sending in an unsolicited idea. If the company agrees at first blush to sign a broad secrecy agreement, that is a good sign that they do not consider them of much importance and may well routinely violate them.

Unless you can (and will)really keep the idea secret, which is rare, I would strongly suggest you not rely on these agreements. Get patent protection.

Bruce Burdick

Herzog, Crebs & McGhee, LLP

One City Centre - 24th Floor

Re: Confidentiality waiver

There are at least two ways to protect your idea. I don't know all of the facts of your situation, nor do I know which type of art you are speaking of. In general, a patent would protect you better than a confidentiality agreement. Initially, a confidentiality agreement would protect you in discussions with manufacturers, but I would also recommend that you file a preliminay patent application which would be good for one year, and that time would tack onto a regular utility patent application. I recommend that you contact a competent patent attorney who can assist you with your situation.

Good Luck!

Patrick Tracy

Patrick J. Tracy, Esq, P.E., P.C.

P.O. Box 34576