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NDA vs filing first (provisional application)

January 23, 2026

Posted in Video

Transcript:

00:00:00

Should you use an NDA first or file a provisional application first? And that really involves a few factors. So, one is your ability to enforce the NDA or non-disclosure agreement just to make sure everyone’s on the same page. So, that basically is an agreement where both sides agree generally not to disclose what information they’re exchanging. The NDA gives you protection, but it’s only as good as your ability to enforce it. As I said, you’re a small business person. uh an entrepreneur and you’re looking to work

00:00:33

with a larger company, then your resources probably to enforce that against that larger company may be limited. So that’s why it’s a good idea to consider filing a provisional application first because then you can say your invention is patent pending and then you can then move forward with an NDA letting the other side know that you have already filed for patent protection and it would give you more tools for enforcement later. You know, assuming that that patent grants, then you have the patent law as well as the

00:01:08

non-disclosure agreement as a contract in contract law to then enforce your rights against the other party that you were engaged This

This transcript was AI generated.

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