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hi my name is John Farrell I'm an intellectual property attorney and author of the book monopoly protection a 90-minute guide to patents trademarks copyrights and trade secrets one of the questions that comes up from time to time is what happens if the person I'm meeting with the company I'm meeting with to talk to them about my invention or my new idea is unwilling to sign a nondisclosure agreement well non-disclosure agreement is a contract to keep a secret and normally when we're going to disclose a new invention to to a manufacturer or to an investor we'd like to have a non-disclosure agreement in place so that that manufacturer or investor doesn't doesn't practice the invention without us take the invention steal the invention from us so from time to time we would like to have a nondisclosure agreement sign but the party that we're dealing with doesn't want to execute a nondisclosure agreement so I have something called the morning-after pill for non-disclosure agreements it works like this you go and do a meeting and either at the meeting or before the meeting the party you're meeting with decides well we're not gonna sign your non-disclosure agreement it's against company policy or we have to get our lawyers to look at it so rather than fight about the non-disclosure agreement and kind of lose the flow of the meeting just remind that whoever you're meeting with well this is my confidential proprietary information and I'd like I'd like for us to just agree to keep this a secret in order to keep this confidential and almost invariably the other part I'll say sure you know well I'll keep it a secret let's just let's just talk about let's just do the meeting let them not worry about the contract so you do the meeting and then the next day send them a letter and make it a really nice email that could be an email message or or a letter just thank you very much for meeting with me to describe to discuss my technology and describe the technology a little bit this is you know this is what we discussed and by the way thank you very much for agreeing to keep this confidential and I'm looking forward to meeting you in the very near future to plan next steps well turns out that that confirmation of the agreement serves as evidence of having had an oral contract so non-disclosure agreements don't need to be in writing they can be oral you can have oral contracts just like written contracts the problem with oral contracts is that though is that you don't have a record of actually having form the contract but by having the follow up letter you put the follow-up letter in your file and that evidence is the fact that there was an oral agreement to keep a secret I hope you found this useful and I hope there's lots of ideas and new inventions in your future