Can I show my “patent pending” product or idea without an NDA?

Q: We filed a patent application (provisional or non-provisional) and have “patent pending” status.  Can we show our product to others without having them sign an NDA (non-disclosure agreement)?

A: Yes… more or less.  If the most important thing to you is building your company, and you have a well written patent application and thorough IP strategy, go show your product and get the word out, but keep the following in mind:

An NDA helps fulfill the immediate need or desire to stop others from copying your invention.  However, it is a bit impractical and reduces your ability to sell your product if you have to ask everyone to sign an NDA.  So, while an NDA would provide some level of “protection” not yet afforded to you by the patent application, you can proceed without one.  Keep in mind, that without a granted patent or NDA, someone can still copy what you have disclosed to them and you would have few if any legal arguments to stop them.

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Half.com (Now Ebay) Patent Granted after 8.5 Years – the Value of Patents

Josh Kopelman at First Round Capital has a good post on the value of patents after fighting for 8.5 years to get one of his granted. His Half.com (Ebay.com) patent received six rejections, half of them final, before it was allowed. I explain this to clients, particularly software startups, on a daily basis – good patents are often very hard to get, you will receive many rejections, and it will be very expensive to respond to those rejections with no guarantee that you will ever be granted a patent. Fire your patent attorney if he fails to explain that to you.

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Small business lender On Deck Capital launches with patent pending system

My client, On Deck Capital, officially launched today. Their patent pending financial products and technology improves upon standard credit models to offer performance-based loans to businesses that may not have access to traditional bank financing. On Deck Capital offers business loans up to $100,000 based on the performance of the business, rather than the personal credit history of the business owner.

Links: On Deck Capital, USA Today article.

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Meetup.com – Good, Smart, and Useful

It may not have the sexiness of Myspace, or the hype of Youtube, but many a startup could learn something from focused and well executed Meetup.com. Founder Scott Heiferman has been diligently building his company which enables people to find and meet others with shared interests. I have been a member of NY Tech Meetup for a couple of years, but there are community groups worldwide on almost any subject. Scott is also the co-founder of the popular photo social networking site Fotolog.com.

Links: Meetup.com, Fotolog.com.

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