confidential disclosures

[Don Barenborg]

What is the name of your state? NC

I am a dentist with an idea for a new product. A dental product company has offered to give me input on the idea as well as suggestions for possible manufacturers. I have signed a confidential disclosure which reads, in part: "Such information shall be considered confidential and shall not be used commercially or disclosed by [our company] for a period of three (3) years after the signed date..."

My question is: Will this company be able to use and profit from my idea following the 3 year period even if I have registered the idea with the document disclosure program at the PTO and then show due diligence in applying for a patent?

Sincerely,

Don Barenborg DMD

 

[divgradcurl]

Yes.

Unless you get some more protection. A document disclosure, combined with due diligence, is there to help establish who is "first to invent" in the event that two entities file for a patent on the same invention; the document disclosure, combined with evidence of diligence in reduction to practice, will give you evidence to help you prevail in the event of an interference. It gives you no other rights or protections, and it is only held by the PTO for 2 years anyway.

If you want protection, you need to apply for a patent. Note that in the event of disclosure to the public, you only have 1 year from the date of the disclosure to file for the patent, regardless of whether you have a document disclosure or not. If the other company were to disclose the invention in violation of your confidentiality agreement, that will set the 1 year clock ticking; also, if you work with a manufacturer and give them enough information to actually create whatever invention you have, that too MIGHT be enough to start the clock ticking as well. especially if they take orders for it.