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Do I need a patent attornew to sign a non- disclosure agreement?
Anonymous3 views3 answers
If I approach a patent attorney (before retaining) with and idea, (item) that I wish to patent, is it advisable to have him (or her) sign a non-disclosure agreement before presinting him with information pertaining to item to be patented? Is an attorney automaticall bound by his oath only after retaining or before retaining also?
Thank You,
Ibjafo
Robin MashalLitigation LawyerLos Angeles, CACA licensed ·
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Generally, professional rules of conduct, including confidentiality rules, will prevent an attorney from disclosing your information to a third party. It would be best to communicate with your attorney in person and in a confidential setting (rather than where third parties may overhear you). You should consult your own attorney to protect your legal rights.
In Short, No. An attorney is automatically required to maintain his or her client's confidences. Anything you say to an attorney during a consultation is confidential.
Disclaimer. The above is for informational purposes only, does not constitute legal advice, and does not create an attorney client relationship.
I concur with my colleagues. If the attorney violated your confidence by disclosing facts about your idea, he would be in violation of the rules of professional conduct. Any communication made in hopes of retaining that attorney's services, if communicated in confidence (i.e. not in the presence of others) must be kept in confidence.
Whether or not you actually end up retaining that particular attorney is of no consequence.
