Trade secrets and other IP protection

If you invent something that you plan to patent, you should not disclose your invention to the public before filing a patent application. Any disclosures that you make - no matter how small - become part of the 'prior art' and could invalidate your application.

Disclosing confidential information

You can freely discuss your invention with your qualified lawyer, solicitor and patent agent. This is because what you say to them is legally privileged and in confidence. They are professionally obliged not to tell anyone else, so the information will not become public knowledge.

However, if you need to discuss your invention with other people before you apply for the patent, a confidentiality agreement or a non-disclosure agreement (NDA) may be helpful.

For example, an NDA may be beneficial when you speak to potential partners like investors, manufacturers or stockists, or even someone providing you with a service or advice such as accountants, financial advisers, insurance brokers or marketing agencies. Don’t assume such conversations are automatically confidential.

Non-disclosure agreements

An NDA is a legal contract between two parties. Depending on what is agreed, an NDA could protect only information which is recorded in some form and marked 'confidential' or it can also protect the information you share in meetings or presentations. Either way, an NDA should restrict the use of the ideas and information to a specific permitted purpose.

NDAs can be:

• one way - if only you are disclosing information
• mutual - if both parties are disclosing information

NDAs will not suit every situation, and you should think carefully about what is included. Ideally, consult a qualified lawyer or patent agent for advice if you are thinking about talking to anyone else about your invention.

Read more on non-disclosure agreements.