No, an NDA is not necessary. However, this is a great question.
As a patent attorney, I receive this question a lot when I first speak with a potential new client including startups, individual inventors, and larger entities. This is a wonderful question and shows that the potential client is being wary about potentially disclosing details associated with their invention. In fact, in nearly every other instance, having an NDA or non-disclosure agreement is important.
However, a patent attorney does not need to sign an NDA when conducting an initial meeting with a potential new client. Why? Attorneys are bound by rules of professional conduct in the state(s) that they are licensed that prevent an attorney from disclosing confidential information disclosed by a potential new client. It does not matter if the potential client decides against moving forward. The attorney is bound by those rules of professional conduct related to confidentiality.
Be sure you are talking to a patent attorney
If you would like to check to confirm that the person you are speaking with is a patent attorney, you can search in state databases as well as visit the U.S. Patent and Trademark Office’s practitioner search to confirm.
It is possible that you may still not be comfortable divulging details until you get to know the attorney a bit better and that is ok. Feel free to speak in general terms during at least the first, initial call or meeting to learn more about the patent attorney. The attorney may need at least some general information to provide estimate information and explain some recommended next steps in order to allow you to decide to move forward. In addition, the attorney will need limited information to perform a conflict check to determine whether there may any potential conflicts of interest with other clients.
During the call or meeting, feel free to ask questions about how long the attorney has been practicing and their educational background. Conduct some research about the attorney by visiting state bar websites and the USPTO’s practitioner search. In addition, visit the attorney’s website and conduct an in-person meeting or a video meeting to get to know more about the attorney.
Get in touch
Please reach out to John to have an initial call or video meeting.
