Won't Sign an NDA?

I have had the opposite reaction to NDA's from most companies large and small. Companies such as Kimberly Clark, Black and Decker and those I have listed in the Inventor Friendly thread all required a signed NDA prior to looking at any submissions for review. I have also contacted companies that are medium in size and found that I was the first person to contact them regarding submitting invention submissions. They did not have an inhouse NDA and were willing to sign mine once their legal person reviewed it.
I like using an NDA if for no other reason than a paper trail to help back up the Inventors journal. Plus, it normally gives you the name and signature of the CEO, Owner or other entity within the company. It is a lot harder for them to say they don't remember talking with you once they have their name of the form.

www.rogerbrown.net

So, my question is this:

If a company I approach with an idea refuses to sign an NDA, should I just forget about them and move on to the next company?

In my (highly-biased) opinion it'd be their loss (and their competition's gain) if they didn't even want to hear what I have to say. But I'm not going to wrestle with them over something as simple as an NDA.

Thoughts?

- Kevin

Kevin, in most cases if you do not have a patent, or provisional patent I would say move on to the next company on your list. You have to remember they are not the only game in town and you can find others willing to sign in that same industry.
I have dealt with a couple of companies that will not sign an NDA and I did send my idea to them and got a licensing deal. This was only after I had recommendations from several Inventors I trust who had already dealt with them and had positive results. It is a calculated risk and personal choice. I still say it is better to err on the side of caution.

Thanks for the quick reply, Roger!

Okay, so my follow up question would be this:

If a company signs my NDA, takes a gander at my product idea and then comes back with something along the lines of "What a coincidence! We were working on that very same idea!" - what do you do then? Ask for proof?

I'd think most companies who might use such a line haven't thought through the whole paper trail & creating their own competition angles, but I'm just wondering if there's any other option for an inventor faced with this scenario.

Reply when you can... no rush...

-Kevin

Kevin, This is an age old issue since Inventors started submitting to companies. It is also what feeds the paranoia and causes Inventors to spend thousands protecting their idea before they show it to a soul. The fear runs the same on the companies side. They have to worry that you will send them something they truly are working on and then have you claim they stole it, the bad press and possible lawsuit that follows such a claim.
Does stealing of ideas happen? I would say yes. Does it happen at as high a rate as the invention submission companies would like you to think? I would say no.
Companies look at trends and work on products years in advance. So, the chance they might be working on something you send them is possible. I have sent out a huge amount of submissions in the toy, tool, kitchen, eyewear and nuclear industry over the years. Out of all those submissions I have had only two companies tell me they already had something similar in the works. One company, since they knew I would handle it professionally was nice enough to send me a design of their product they had in the works. I did not ask for this information. They just wanted to be upfront with me and wanted me to continue sending them ideas since I was obviously thinking in the same realm they were.

I know that if a company has a number of coincidence news of their coincidence will get out and Inventors will avoid them. This is bad for any company

Roger-

Again, thanks for the quick response.

So, it seems pretty clear to me that inventing and licensing a product idea is just like anything else in life. It's all about relationships. And in the same way we're gonna run into people in who don't like to play nice with everyone, we're also going to meet an' greet businesses that also don't want to play by the rules of ethics.

Me? I'm leaning toward giving prospective partners the benefit of the doubt. Do my research, ask around, contact a few mentors before I get into bed with anyone. (As a manner of speaking...) Not let the creeping fears of "What if...?" rule the day.

Anyhow, thanks again for your help! I appreciate your balanced take on it all.

-Kevin