General advice about a product/patent that I have on my mind

UPDATED: Oct 1, 2022

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General advice about a product/patent that I have on my mind

I have an idea to develop a book about a specific multimillion company, but as I don’t have a company myself and have no idea what the law is. I would like to ask, what should I do to ensure that my idea will not be

Asked on September 18, 2017 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The only way to protect your idea is to have the people you present the idea to execute (sign) a non-disclosure agreement in which they confirm that they have no rights to the idea you are disclosing (unless they can *prove* that it was independently in consideration or under development prior to your presentation) and may not disclose it to anyone else, use it, develop it, etc. without your prior written approval. The agreement will state that the idea is being disclosed only to evaluate a possible book project. They must sign this *before* you disclose the idea to them: if you present your idea without them first agreeing to not disclose or use, etc. the idea, they may do with it as they please.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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