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  • hc255 replied to the topic NDA vs Patents in the forum Consultants and Legal Basics 7 years, 6 months ago

    Before discussing whether if an NDA acts as a substitute for a patent, it is worth mentioning the differences between the two. A patent is essentially a given right to the inventor saying that he/she or a group of people have the right to the invention from being taken or replicated. This as we know, has a timeline. NDAs however, is an agreement that dictates how information is shared amongst participating parties, the general public, etc. An NDA is not a substitute for a patent. I believe that an NDA can be used as a supplement alongside a patent, similar to an invention disclosure which protects your idea if you do not have sufficient data gathered yet. An NDA can be used to gain resources from other people of desired expertise to work on a project that eventually can plan into a patent. Therefore, an NDA can further facilitate the patent but is not a substitute. It does protect the “secret” mechanism behind the functionality but it does not give the inventor(s) the right to the creation of the mechanism. NDAs introduce a range of communication of ideas whereas patents are public.