Failing to protect your intellectual property can cost you millions of dollars over time. Hire an effective non-disclosure agreement attorney to avoid this pitfall. Alloy Patent Law is ready to help.
Why is an NDA important?
An NDA is a formal legal agreement between two entities. This is most commonly used between employers and employees, but NDAs can be used between any two parties to ensure information is kept confidential. This is particularly important when dealing with intellectual property which can give you an edge over business competition. An experienced NDA lawyer can ensure your NDA is complete, thorough, and strong.
Benefits of Non-Disclosure Agreements
01.Identifying Protected Information
An NDA can clearly distinguish confidential, proprietary, and public information, which creates a common understanding between both parties on what information can be freely used and what can’t.
02.Protecting Patent Rights
In some cases, public disclosure of patent information can void a patent. Thus, inventors need to ensure all those involved in patent production have accepted a non-disclosure agreement.
03.Protecting Confidential or Proprietary Information
An NDA legally obligates involved parties to keep certain information confidential or proprietary, such as patents or trade secrets. Breaching an NDA can result in severe legal consequences.
What Makes Us Different
Many intellectual property law firms focus on large clients with deep pockets and overlook small businesses and individuals. Alloy Patent Law was founded by an engineer-turned-lawyer who understands the plight of small entities. Our commitment to you is an experience rich with honesty, transparency, and practical guidance.
”Our commitment to you is an experience rich with honesty, transparency, and practical guidance.
Walker WeitzelFounder
Frequently Asked Questions
How long do NDAs last?
Most commonly, an NDA lasts anywhere from one to five years. But this isn’t always the case. Depending on the information that needs protecting, a non-disclosure agreement can last a few months to an indefinite time. It all depends on the nature of the information that’s being protected. Schedule a free consultation with Alloy Patent Law to see the ideal NDA timeframe for your needs.
Why don’t investors typically sign NDAs?
Many investors are hesitant to sign NDAs. In some industries, inviting an investor to sign an NDA is considered bad form because it signals a lack of trust. However, inviting a potential investor to sign an NDA before giving them trade secrets or patent information can put you in a safer position. Call the experts at Attorney Patent Law to see if your situation necessitates investor NDAs.
Are there any limitations to an NDA?
Non-disclosure agreements can have several limitations, including information that might be in the public interest, information that’s difficult to enforce, time limits, jurisdiction limitations, and more. Usually, these vary based on the information, so it’s best to consult an NDA lawyer to see what information can be protected and what can’t.
Do I need an NDA with employees or contractors?
If employees or contractors will handle confidential information, an NDA is usually a good idea. Even when someone “means well,” details slip, and startups move fast. A strong NDA lawyer will also look beyond the signature page: who owns work product, what counts as confidential, how long obligations last, and how you handle return or deletion of files. Many businesses also pair NDAs with IP assignment language, especially for contractors. The goal is simple: keep your plans, pricing, code, and customer lists from walking out the door.
What remedies can I include if someone breaches an NDA?
Remedies depend on what you are protecting and the level of leverage you need. Many NDAs include injunctive relief language, so you can ask a court to stop further disclosure quickly. You can also address damages, attorney’s fees, and who pays costs if enforcement becomes necessary. Some agreements include liquidated damages, but they must be carefully drafted to be enforceable. An NDA attorney will tailor remedies to the risk, the relationship, and your real-world budget for enforcement. The best remedy is the one that is clear enough to deter a breach in the first place.
Enforcing an NDA
Send a Cease and Desist Letter
If you find that a party has breached your agreement, you’ll want the help of an experienced NDA attorney. The experts at Alloy Patent Law will help you craft a cease and desist letter and send it to the breaching party.
Seek Injunctive Relief
If the guilty party continues to violate your NDA, you can seek injunctive relief through court. This could include filing a lawsuit, requesting a temporary restraining order, or filing a preliminary injunction to prevent the violating party from disclosing more of your confidential information.
Pursue Damages
You’ll want to consider this option if the NDA violation has caused financial damage to your business or project. This could involve a loss of profits or a damaged reputation due to disclosing confidential information. The NDA attorney at Alloy Patent Law can help represent you to ensure you receive the compensation you deserve.
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Protect Your Intellectual Property
Among other intellectual property law firms, Alloy Patent Law cares most about your safety, security, and success. Schedule a free thirty-minute consultation over phone or video call. We’ll see that you’re protected fairly and transparently.
