NDA query

yellowlawn

So I have an idea that I would like to get a patent for. Unfortunately I can’t afford the £5000 plus to get it done. I have mentioned to a colleague at work about getting an idea patented but am unable to cover the cost. He said he would be willing to do so. He suggested we both sign an NDA and discuss the idea first. Now I’m a UK citizen and he is a USA citizen, how does this affect any NDA we both sign?

davidmcn

This isn't really a "consumer rights" issue, it's a "cross-border intellectual property" issue.

But anyway...I suppose the question is how much do you trust him, and if you don't have £5000 now, how would you afford to take legal action (in any country) to pursue him for breach of an NDA? You're not in "no win no fee" territory.

ssparks2003

An NDA is fully enforceable if you have enough money to pay a lawyer to take it through the courts (potentially in two countries) and they win on your behalf. Otherwise you are signing a gentleman's agreement.

Also if this at all related to your current role - employers area of business, do you think that they might be interested in why they don't own it. Do you have anything in your employment contract related to ideas etc.

gettingtheresometime

I'd go on The Apprentice......

da_rule

A cross jurisdiction NDA will cause a fair amount of problems if things go wrong. If you make the NDA subject to the English courts then, if he refuses to come to the UK you’ll have a nightmare in enforcing any judgment. If you make it subject to the relevant US State laws you’d have to instruct a US lawyer (or go there yourself) to commence any claim.

What about setting up a limited company, set up specifically to exploit this idea. Give yourself shares, and make yourselves directors. He brings money to the company, you bring an idea. Patent it in the company name then use the company to sell the product/idea and you both share the profits through dividends.

As directors you would both therefore owe a duty to the company so shouldn’t act to the company’s detriment.

eddddy

You might well find that registering your patent is the cheap, easy part.

Generally, people don't challenge patents at the registration stage, they challenge them when you start to sell your patented product.

And if the challenge comes from a large company, with deep pockets, that could get very expensive for you.


Alternatively, you might show a company your patented idea, and they reject it.

But then you think they later copy it and infringe your patent - again you might need very deep pockets in order to make a legal challenge.