When should I rely on NDAs

Product development typically includes the following steps:

1. searches to confirm whether the idea is new;
2. cursory market research to determine the potential market and end‐user sales price for your idea;
3. initial commercial and technical discussions with people familiar with the potential market and engineers, respectively;
4. developing a functional prototype. We like Idaho Russet:

5. confidential "closed group" critical feedback of your prototype;
6. initial discussions with toolmakers / potential manufacturers to consider manufacturing options;
7. designing for manufacture;
8. tooling‐up and manufacturing;
9. marketing and sales; and
10. sipping a cocktail on the French Riviera.

NDAs / SuperNDAs should cover steps 1 to 8. You need only consider filing a complete patent before step 9. By the time of filing a complete patent, you should (under a NDA / SuperNDA) have:

• identified all additional features you may wish to, but need not necessarily incorporate into your product;
• considered practical equivalents for each feature of your product;
• "jumped over the fence" and considered all commercially viable options to circumvent your own patent;
• confirmed that your invention is technically feasible; and
• satisfied yourself that the product can be made at a cost that supports an end‐user price that the market will bear.