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   Negotiating and promises not to us the idea
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   Author  Topic: Negotiating and promises not to us the idea  (Read 592 times)
Tony Kondaks
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Negotiating and promises not to us the idea
« on: Nov 24th, 2006, 5:33pm »
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Assume I already have filed a provisional application and am now ready to approach companies with my idea with the intent to sell them a license.
Is it necessary to get them to sign a confidentiality agreement?  And by that I don't mean that I am asking them not to tell anyone about the idea but, rather, that they promise not to bypass me and use the idea themselves without compensating me (perhaps I am using the wrong term and it is something else and not called a "confidentiality agreement"?)
Anyway, I don't see why such an agreement would be necessary to get before revealing my idea to them because I assume that the patent-pending itself is a protection.
Is my understanding correct?
I hope so because it has been my experience that asking someone for a confidentiality agreement greatly lessens that chance I can get in the door and pitch my idea.
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JimIvey
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Re: Negotiating and promises not to us the idea
« Reply #1 on: Dec 1st, 2006, 12:21pm »
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A confidentiality agreement -- sometimes called Non-Disclosure Agreement (NDA) or Confidential Disclosure Agreement (CDA) -- is never necessary but often a good idea.  I wouldn't suggest allowing the other party to disclose your idea but not use it.  They could disclose it to another company and allow the other company to use it.  So, I'd suggest not separating the right to disclose and the right to use.
 
Regards.
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James D. Ivey
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