Q: I have an idea for a website and need to hire developers to create it, how do I protect my idea from them stealing it?
I would like to make a provisional patent application, but I cant decribe all the technical aspects without working with developers first. What kind of document can I ask them to sign in case I need to prove in the future the idea was mine. Thank you.
A: You need to have them sign a contract that includes several provisions: non-disclosure, non-circumvention, non-compete. This is often referred to as an NDA. However, be VERY careful about using documents you find online--they often have poorly drafted, incomplete, or outdated language that won't provide the protection you need. Once they sign a proper NDA, then you have to identify what information is confidential by stamping the word CONFIDENTIAL on the documents/emails/etc., and also orally tell the people you're discussing the project with that it is confidential and subject to the NDA. You also want to ensure who are the proper persons or businesses (parties) to sign the NDA so that you can enforce it properly if you need to. If you're talking to people overseas, things get even more complicated. I regularly provide these kinds of documents to my clients, and would be pleased to discuss this matter further with you. 202-713-5292.
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