Is there a way to protect IP disclosed to somebody without an NDA?

Question

Is it possible to send someone IP or other confidential information such as a business plan via E-Mail without risking one's rights to the information?

Maybe this is a silly questoin. But I would like to send the information for review and possible interest in a pitch, so it would be very unpractical to send an NDA, have it printed, signed and sent back, and then send the package. I understand that NDAs would necessarily require a physical signature, so what's a practical way to do this?

Answers: 1 public & 1 private

25da12c4d3
Patent Attorney

You say you "would like to send the information for review and possible interest in a pitch" but then state that "it would be very unpractical to send an NDA, have it printed, signed and sent back, and then send the package." Why? Other than, perhaps, thin copyright protection that might attach to the business plan, there would be no protection for your disclosure absent a patent application filed concerning technology disclosed therein (presuming you are not yet "in business" for any trademark-related rights to attach). Why do you think that NDAs "necessarily require a physical signature?"

Exchanging NDAs, or executing a mutual NDA, prior to the disclosure of proprietary-yet-not-quite-patentable-or-anything-else material is terribly common., though it is important that the NDAs are appropriately drafted.

Perform further research or contact counsel to discuss your goals in private.

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