Here is what to remember when using the secrecy agreement by itself:
ΓÇó The secrecy agreement should be used anytime you show anyone any of your ideas. Make no exceptions to this rule, unless you feel so strongly about the person that you have unshakable faith they will keep your secrets. This usually means your parents, your wife or husband, or any other person who has an undeniable interest in seeing you succeed. Using the secrecy form will involve a personal decision on your part. I know of some inventors who use this form only when meeting with business people. I also know other inventors who make family members sign it before they will reveal their ideas.
ΓÇó The secrecy agreement should be used for only one idea or concept at a time. The concept should be named on the blank lines in the center of the first page. A short description of the concept should be included after the idea name. Never give a filled out secrecy agreement to someone when first approaching them about signing the agreement. The reason for this is that they will be able to read your idea synopsis on the page prior to signing, and then they may not sign. Always ask a person to read a blank copy of the agreement first, so they will understand what you are asking them to sign.
•ÊGive those who agree to sign the agreement the filled-in agreement with several yellow Post-It Notes covering the actual idea information on the middle of the page. After they sign the agreement, then peel off the Post-It notes to reveal the concept. This ensures secrecy until the moment of signing. Also remember to insert the state and county names in the blanks in the agreement. This should be the state in which you do business, not necessarily the state in which you are signing the secrecy agreement. This will allow you to start legal proceedings against the signer in your home state, if they violate the agreement.
ΓÇó Always get the full information on the bottom of the page from the signer. His or her driver's license number or Social Security number is very important for confirming the identity of the signer and validating the signature. Don't be shy about asking to see the confirming document to make sure the number and signature are real. Remember, this is not a joke or an inconsequential action you are undertaking. You are revealing an idea from which you hope to make money. Take the use of the secrecy agreement seriously, and the signers will take your idea seriously.
ΓÇó Have the signers initial each page of the idea material shown to them. This validates that the information was the actual information acknowledged in the secrecy agreement. Keep this original information with the signed secrecy agreement. Any major artwork presented during the course of a concept disclosure should be duplicated in miniature in the material covered under the secrecy agreement.
ΓÇó Always keep the original copy of the secrecy agreement in your possession. If the signer(s) want a copy, then give them a blank. If they insist on a copy of the original, then admonish them that showing the copy of the idea information on it is an act of revealing the idea and thus is a violation of the secrecy agreement. When you return to your office, place the original secrecy agreement in a safe or a locked file for protection. The agreement is good for three years, with the option of more time if both parties agree to the decision to extend the time frame. Keep the agreement in a secure location until you feel it is no longer needed for your concept's protection.
You should use the secrecy agreement by itself only when you are not seeking to either raise capital, license or sell the concept. The secrecy agreement usually is used by itself when:
a. Showing drawings to potential manufacturers for pricing information;
b. Showing drawings to potential sources of prototypes or materials;
c. Showing drawings to potential end users for feedback and evaluation.
