When you’re working on something original—an invention, a prototype, or even a concept—you can’t afford to share it freely without protection. That’s where Non-Disclosure Agreements (NDAs) come in. These contracts are designed to help you protect your intellectual property (IP) during conversations, collaborations, and pitches. At Gearhart Law, we help entrepreneurs, inventors, and businesses put NDAs in place that support growth while keeping valuable information secure.

What Is an Intellectual Property NDA?

An NDA is a legal agreement between two or more parties to keep certain information private. In the context of intellectual property, it typically covers:

  • Trade secrets
  • Invention details
  • Product designs
  • Proprietary software or formulas
  • Unfiled patent applications

NDAs can be one-sided (only one party is disclosing information) or mutual (both sides are sharing confidential details). In either case, the goal is to create a clear, enforceable understanding of what must remain private and what can be shared or used.

When Should You Use an NDA?

It’s always smart to have an NDA signed before revealing sensitive information. Here are a few common situations where an NDA is especially helpful:

  • Pitching your invention to potential investors or licensees
  • Hiring a contractor, consultant, or employee who may see proprietary material
  • Partnering with a manufacturer or distributor
  • Working with a developer or designer on product creation
  • Discussing research and development with collaborators

An NDA won’t stop someone from trying to misuse your idea—but it gives you a legal right to take action if they do.

Key Terms to Include in an IP NDA

A well-written NDA should be clear, specific, and tailored to your situation. Some of the most important terms to address include:

  • Definition of confidential information: Spell out what counts as protected information so there’s no confusion later.
  • Obligations of the receiving party: Outline how the recipient must handle the information—no copying, sharing, or unauthorized use.
  • Time frame: Define how long the confidentiality obligation lasts. It might be a set number of years or continue until the information becomes public.
  • Exclusions: Identify what’s not protected, such as public knowledge or information the recipient already had.
  • Consequences of breach: Explain what happens if the NDA is broken, including the right to seek damages or injunctive relief.

Even small drafting errors can open the door to disputes. That’s why it’s worth having us review or draft your NDA to make sure everything is in place.

Common NDA Mistakes to Avoid

NDAs are only helpful if they’re done right. Unfortunately, we often see agreements that fall short. Here are some common issues:

  • Using a generic online template that doesn’t reflect your actual needs
  • Leaving out a clear definition of what’s considered confidential
  • Setting time limits that are too short—or, in some cases, too long to be enforceable
  • Failing to get all parties to sign the agreement before any information is shared

It’s easy to assume that a simple NDA will do the trick, but even minor oversights can have significant consequences.

How We Can Help

At Gearhart Law, we’ve worked with startups, inventors, and growing companies across New Jersey and beyond. We understand how important it is to protect your intellectual property—especially in the early stages of development or fundraising.

We can help you:

  • Draft a clear, enforceable NDA tailored to your situation
  • Review an agreement someone else has asked you to sign
  • Modify an existing NDA to reflect new terms or business relationships
  • Take legal action if your confidential information has been disclosed improperly

Our team is here to support you at every stage of the innovation process.

Contact Our Experienced Summit Intellectual Property NDA Attorneys

You’ve worked hard to create something original—don’t let it fall into the wrong hands. A well-drafted NDA is one of the simplest and most effective ways to protect your ideas. If you’re ready to take that step, we’re here to help. Contact Gearhart Law today to talk about your goals and how we can help safeguard your intellectual property.