Clients mostly persuade their patent attorney to sign a non disclosure agreement. Patent attorney appointed for the purpose of patenting is not required to sign the non disclosure agreement on request of the inventor. But various lawyers obtain money from the inventors in order to sign a non disclosure agreement (NDA). This practice is followed so that the inventor questions about the procedure of the invention patenting from the patent attorney. These types of agreements are beneficial to the inventors however the patent attorney acts as a signing authority and has to pay for this process. Therefore, considering the ethical rights this practice has been excluded. If the non disclosure agreement (NDA) is being decided and signed in any case, it is advised for both the patent attorney and the inventor to consult a counsel for the same. This is a little unusual as the patent attorney who represents his/her client has to further consult his/her attorney in order to get advised whether to sign the non-disclosure agreement or not. This is why such an option is not considered by various inventors and patent attorneys who work for patenting the innovation.
Until and unless the idea and information regarding the innovation are discussed with the patent attorney by the inventor, the non disclosure agreement (NDA) cannot be signed as the patent attorney is liable to provide confidentiality to the information given by the inventor. A patent attorney has to abide by various federal rules which are imposed so that the information of the inventor or the client is always kept confidential. In such scenarios an inventor gets confused as in how to get a non disclosure agreement (NDA) signed without disclosing his/her original idea to the lawyer. What best could be done here is that inventor gets the non disclosure agreement (NDA) drafted by a lawyer first and then submit it to the patent attorney for signature and then get started with the client-attorney involvement.
But, this could prove difficult as a lot of money from the inventors end would be spent. There shouldn’t be any discrepancy of interests of the current or past clients while the patent attorney represents the current inventor. This can also create some issues for the patent attorney until the patent attorney is well versed with the client needs and requirements. Disclosing fundamental information pertaining to the invention with the patent attorney which might not necessarily include all the information about the invention can ensure inventors about the faster and successful patenting process and signing of the non disclosure agreement (NDA). However, for some patent attorneys such basic information could not be sufficient enough.
Therefore, clients and inventors do trust some patent attorneys and reply upon them in such scenarios as they would not use the innovative idea for illegal and unlawful use as the patent attorney is not into such competition as is the client himself.