Confidentiality and NDAs
While this submission does not immediately form an attorney-client relationship, all information provided by you is treated confidential and subject to attorney-client privilege under both Florida Statute 90.502 and the United States Patent & Trademark Office. The Supreme Court described privilege as sacred insomuch as it is available to clients to “encourage full and frank communication . . . and thereby promote broader public interests in the observance of law and administration of justice.” United States v. Zolin, 491 U.S. at 562 (1989). Accordingly, attorneys (particularly patent attorneys) do not sign non-disclosure agreements (NDAs) for this reason. Furthermore, as a lawyer, the NDA is a legal document to which the prospect client would need yet another lawyer to review. That being said, NDAs are a good idea when engaging with vendors, manufacturers and third-party engineers that do not have a preexisting duty of confidentiality.
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