QUESTION
Should I sign my non-disclosure before I send to a company or after they sign it and send it back to me?
Asked on Apr 23rd, 2014 on Patents - Nebraska
6 ANSWERS
Sign it before you send it to them. Then as soon as they sign it, it goes into effect.
Answered on Apr 25th, 2014 at 6:01 PM
Before - and date it.
Answered on Apr 25th, 2014 at 6:01 PM
Intellectual Property Attorney serving South Jordan, UT
at
Pearson Butler
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Either way is fine. If the document is coming from you, you will usually sign it after.
Answered on Apr 25th, 2014 at 6:01 PM
Intellectual Property Attorney serving Southfield, MI
at
Gerald R. Black
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Most companies have their own non-disclosure agreements that they use, and they may not even want to sign your Agreement. If you drafted the Agreement, it is implied that you are agreeable to the terms and will sign it. If you sign the Agreement and send it to them, it makes it difficult for them to change the terms of the Agreement. We strongly recommend that you send them an unsigned draft to initiate the discussions.
Answered on Apr 25th, 2014 at 6:01 PM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Either is acceptable for you. You signing first might make them more likely to sign the document.
Answered on Apr 25th, 2014 at 6:01 PM
It does not matter who signs first. The important aspect is that the non-disclosure agreement (NDA) is executed by both parties. A fully executed NDA provides an action in contract if there is a breach.
Answered on Apr 25th, 2014 at 6:01 PM