Q: How can my invention idea is safe?
Hello.
How can I be safe with my invention when I give all my information to a lawyer, thinking he can send this information, anytime, anywhere he likes, without me having a chance to verify if he did that?
Thank you.
A:
Great question. The question is really no different than how can you trust someone that has signed a non-disclosure or non-use agreement? In either case someone can sneak around and do what they are not supposed to do.
A patent attorney is regulated by two sets of rules. The attorney has a set of rules that apply from the state bar. There is another set of rules that are similar but not identical that apply to patent attorneys or patent agents from the Office of Enrollment and Discipline within the USPTO. In either case the rules provide standards for the attorneys to live by and not a force field. So an attorney could violate the rules but then the attorney would be risking getting disbarred.
Links to some of the relevant rules appear on my web page https://www.flynniplaw.com/resources/resources-for-entrepreneurs. Note that I link to the North Carolina rules but the core rules are similar in most states. You should be able to find the California State Bar web site and find the rules there.
As you are asking the right questions, I can guess your next question. Your next question will be whether the duties of confidentiality and loyalty apply during the initial conversations when you have not yet hired the attorney. The answer in North Carolina is yes and I believe that is the answer everywhere. In North Carolina it is made explicit in Rule 1.18. https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-118-duties-to-prospective-client/
In 1.18(b), the rule says "Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client."
As you can see there is a web of rules covering the relationship. Because the rules are complicated and binding on an attorney when acting as an attorney (as opposed to an investor or business partner), most attorneys won't sign a simple Non-Disclosure Agreement that is at best redundant and most likely fails to capture the nuances in the web of rules.
I hope this helps.
Kevin E Flynn
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
