Let us assume that your product is not patentable. What are the issues to consider when weighing up the issue of disclosure?
1. Ensure the information is recorded in writing and marked for the attention of someone and clearly marked Âmarked for the attention ofÂ .Â
2. Make sure you take a copy of everything. Too many times a client will send something out butÂ never take a copy.
3. Ensure you retain circumstances of disclosure. Do we have a receipt of disclosure if this wasÂ sent via the Post Office?
4. Has a non-disclosure agreement been executed?
5. Have you checked the capacity of signature? For example is it an individual or a company who isÂ executing the agreement?
6. Have you considered the nature of the relationship between the discloser and recipient? IsÂ there likely to be IPR generated as a result of the discloser? Will services be provided in returnÂ for the disclosure and opportunity to release the information?
7. Have you considered mutual disclosure?
8. Has the limited class of persons to whom the recipient may disclose information been clearlyÂ identified in the non-disclosure agreement and how will dissemination to such persons be monitored?Â
9. Have you reviewed the return of the documentation? Is it indefinite of for a period of x years?