Legal Question in Intellectual Property in Illinois

confidentiality statement

I am developing a concept for a design which I have not yet obtained a utility patent for. I would like to start talking to people about my concept; mostly regarding how to further develope it and bring it to market. Is it appropriate to draw up my own confidentiality statement? If so, what should be included in it.


Asked on 6/18/00, 3:07 am

2 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: confidentiality statement

You should have a short confidentiality agreement in hand, but many prospective buyers/licensees will have their own form.

Confidentiality protection got something of a boost from the Disney case in Florida, which was mostly about Disney's misuse of a concept that was pitched to them in confidence.

No great magic to the form -- as long as it makes clear that you are presenting something in confidence and that the recipient agrees not to use the information so presented, you cover the key concept. I can send you a form if you need one.

Good luck!

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Answered on 8/16/00, 8:35 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: confidentiality statement

If you have a source for a quality Confidentialty Agreement, and it covers the bases you need covered, then using it would not be a great risk in my opinion. Such agreements are reasonably standard.

To find out what's included and how to write it are the things lawyers are in business for, and if you want a professionally-drawn Confidentiality Agreement then retaining a lawyer to create it for you is the answer.

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Answered on 8/17/00, 8:55 pm


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