Non-Disclosure Agreements

Are there any generic NDAs or NDA templates out there that I can just download off the internet and use? or do NDA's have to be specifically drawn up by a solicitor?

Cheers
Kingcreights

If you are planning to use one for submission to a distributor, you will find they insist on their own Boiler Plate NDA.

I work in casinos and I've got a new game. I'm going to show it to a friend who is in online gaming. I trust him but I still think its best for him to sign a NDA so I just wanted to keep it simple, hoping that there was a simple one on the internet I could download.

Asking a friend to sign an NDA is weird. If you're actually worried that he'd take your idea and run with it, he's not much of a friend. And he can't properly file for a patent on your game because he'd be committing fraud on the PTO: the true inventors have to be listed.

At the same time, all NDAs do is give you some standing in a lawsuit.

I've seen perhaps 100 video poker games that never got manufactured. If I were asked to sign an NDA, what happens if the idea is one I've already seen? Or, more likely, a variation of one I've already seen?

I can explain at the time I see the new game that I've already seen a similar one. The new inventor wants to know about the old game so he can judge whether I'm telling the truth or setting the stage for ripping him off --- and because of a previous NDA, I can't tell him about it. It's a mess.

As much as you can, deal with honorable people --- and trust them. Enforcing an NDA is VERY expensive. You could win --- and still have monster legal bills.

If you don't show anyone the game until after the patent is issued you won't have to worry about an NDA.

Get a provisional patent and stop worrying about an NDA. If someone is going to steal your idea, an NDA won't help you. Bad actors are going to be bad actors.

Ditto.

A provisional costs about $120, and gives you 1 year of protection.

Third agreement here.
When money is involved, things can change, especially concerning ownership or rights to a game's IP (Intellectual Property) if the game looks promising.
Handshakes and NDAs can go out the window, and it still doesn't demonstrably prove IP ownership or who the inventor is.
A patent filing describing the game with the uspto (patent office) is the best option, and should not be skipped.

And NDA may also appear to be breached when no disclosure occurred by the party. It could have been another source, and it could be hard to prove.

Always have a provisional filing at least.

Quote: DJTeddyBear

Ditto.

A provisional costs about $120, and gives you 1 year of protection.

Just be very careful to include a very detailed description of the game. If you don't include EVERYTHING, later on the utility patent wont be given the provisional filing date and there will be a window of vulnerability for the entire year of the provisional. This means that if you add anything to the information in the provisional when filing your utility, the provisional is effectively meaningless.

Quote: BobDancer

At the same time, all NDAs do is give you some standing in a lawsuit.

I've seen perhaps 100 video poker games that never got manufactured. If I were asked to sign an NDA, what happens if the idea is one I've already seen? Or, more likely, a variation of one I've already seen?

I can explain at the time I see the new game that I've already seen a similar one. The new inventor wants to know about the old game so he can judge whether I'm telling the truth or setting the stage for ripping him off --- and because of a previous NDA, I can't tell him about it. It's a mess.

As much as you can, deal with honorable people --- and trust them. Enforcing an NDA is VERY expensive. You could win --- and still have monster legal bills.

I agree. NDA's really complicate everything. I think if you have a provisional patent to offer you some protection you should be fine.

Quote: Paigowdan

Third agreement here.
When money is involved, things can change, especially concerning ownership or rights to a game's IP (Intellectual Property) if the game looks promising.
Handshakes and NDAs can go out the window, and it still doesn't demonstrably prove IP ownership or who the inventor is.
A patent filing describing the game with the uspto (patent office) is the best option, and should not be skipped.

And NDA may also appear to be breached when no disclosure occurred by the party. It could have been another source, and it could be hard to prove.

Always have a provisional filing at least.

Well said Paigowdan!