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Should inventors hire their patent attorneys to sign confidentiality agreements?

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I have been constantly asking a question: “Do you sign the non-confidential agreement before I tell you about the invention? I want you to write a patent application for it?” Sometimes, this question means Yes, "How much money do you have to write to sign the NDA, then sign it so that I can tell you about my invention?" The second question is a simple question. Let me solve these two problems here: When you consider hiring him (or her) as your patent attorney, you may not need your patent attorney to sign the NDA.

Let's talk about the second question first. The lawyer has various moral responsibilities to his clients. The lawyers violated any of them by writing a private agreement he would later sign. In fact, I hate to think that there may be some lawyers actually charging customers for NDAs, so customers can ask them questions about how to apply for inventions. The lawyer has a loyal duty to the client, and therefore may write an agreement that benefits the client at the cost of the lawyer (as the signatory party) and may be prohibited by ethical rules – it is difficult to separate the lawyer; from the client.

In general, it is wise for both parties to sign an agreement. Some lawyers give some advice on the agreement. The client is represented by the lawyer who drafted the debate. Does this mean that the drafting lawyer should ask his lawyer to advise him when he signs the agreement. Is he actually writing? The whole situation is very strange. Getting paid in this situation is even more embarrassing. And it's easy to be immoral. So let's put that down.

On the first question: Should the lawyer sign the NDA before the inventor reveals his ideas to him? May not be. Lawyers should generally assume the confidentiality obligations that their national laws entrust to their customers. Patent agents are also subject to federal regulations that require the confidentiality of customer information. But the next question is whether an inventor asks for some basic information about fees and patent processes that are actually customers. This depends on many factors. Of course, the inventor can be considered as not a client. This means that the lawyer may not be obliged to keep the leaked information confidential. This has various effects on the ability of inventors to apply for patent protection in the United States and abroad.

What is the solution? How does an inventor get basic advice without risking leaking his ideas? The inventor can try to find a lawyer who will draft a non-infringement law (NDA) and then hand it over to the patent attorney before starting the lawyer-client relationship. However, in addition to obvious cost issues, this can cause problems. Before a lawyer can represent a client, he must ensure that the agent does not have any conflict of interest with any current or past client. It will be very difficult to make this decision before understanding the rough boundaries of customer needs.

Maybe the inventor can only tell the lawyer the basic information about the invention – not enough to trigger the disclosure, but enough to let the lawyer understand the invention? Again, it's hard to do. Most lawyers hope to describe the invention to some extent in the letter of agreement in order to clearly show what this statement requires. For patent agents practicing in specialized fields – photoelectric sensors, balloon catheter medical equipment, etc. – "Basic" description may not be enough.

I suggest you rely on two things: trust and confidence. Most lawyers can trust. And most lawyers are not businessmen or inventors, nor do they want to expand their sources of income. I mean, they are not your competitors. They may not steal your ideas and try to sell them on their own. When I say that you should rely on faith, I suspect that the patent office will never reflect your patent application based on disclosure to a lawyer, nor will the court invalidate your patent because you purchased two or three patent attorneys before picking. There are some beliefs that the court will find that there are indeed confidentiality obligations for potential patent clients. I plan to do some research to see if there is any case law and the inventor is prevented from obtaining a patent because he disclosed the patent to a lawyer and then waited too long before submitting the application. I doubt very much whatsoever; in general, such disclosure occurs when it is presented to the public audience or friends and family, not to lawyers with generally recognized confidentiality obligations.

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