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.
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!