Q: If a corporation obtains my NDA in confidence..

I submitted a NDA for my product idea to an inventor's help company. They disclosed my NDA in confidence to a third party, in order to obtain the third party as investors for my product. The third party were very interested in my product and at that time they agreed to be the sole investor for my product. A year later this third party is manufacturing my product idea, trademarked the name to which was disclosed to them on my NDA and they even filed for a Patent for my idea but was rejected by the USPTO and abandoned the patent. Since the third party were disclosed the NDA in confidence by the inventor's help company, do I have a case for misappropriation of trade secrets.

to invest in my product invention. If the third party waits for a year to pass and manufactures my product idea, do I have a case against the third party for Misappropriation of Trade Secrets.

2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: You may have a case for breach of contract and possible IP infringement. Your facts are vague. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Robert P. Cogan
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Answered
  • San Diego, CA
  • Licensed in California

A: Some "inventors help" companies have developed bad reputations. There are ways to find out more about the situation. There is information at www.USPTO.gov. Also, you can "Google" the company's name along with Federal Trade Commission.

Many "inventors help" companies would not steal an invention. They make their money by charging fees. If they stole an invention, they would have to invest their own money.

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