Non-disclosure Agreement Between Designers?

[Playdo]

I'm looking to start a project with my partner and need some information about the protection (between us two designers).

If we brainstorm and get a concept what action should be taken?

I've heard that if a design is discussed before signing a non-disclosure agreement then it is not applicable for a patent. So should a NDA be signed before brainstorming?

 

[Michael Wechsler]

You had best getting all the aspects of your venture done beforehand. An NDA merely means that private information revealed won't be disclosed to third parties. That might not prevent your partner from filing for a patent on an idea for a process that you claim the two of you invented. An NDA will form the part of a basis for a joint venture agreement and which will likely contain terms relating to filing for patents and the area covered for your "brainstorming" activities. I'd see an attorney immediately and wouldn't play around with a standard form and hoping that it will cover the situation. Get it done properly.