It is extremely difficult and sometimes impossible to prove the existence of an oral confidentiality agreement. It is equally difficult to prove that past acts involve an agreement, as both sides may have conflicting his or her stories. In general, when a party says that there is an oral agreement, the case is decided in favour of the person who is believed. In addition, there is the reluctance of many to accept confidentiality and, finally, ask them to accept something they know nothing about. Agreements that create a confidential relationship are particularly useful if you have an invention and have not yet filed a patent application. Nevertheless, if you can get a signed confidentiality agreement even after filing a patent application, that is preferable. See Justified Paranoia. While you participated in the explanatory statement to define your invention when filing a patent application, exclusive rights exist only when the patent is actually issued. It is therefore necessary to preserve the rights of the invention until a patent application has yet been sought. In addition, when disclosing an invention, it is quite possible that you will also divy commercial and commercial information that is not disclosed in the patent application and which could themselves be maintained as a trade secret. It is therefore preferable to avoid this situation by trying to get the agreement in writing. If necessary, you can easily water down the conditions and make the agreement simple to get a signature. Although a simple NOA seems more accessible, it could give more rights to the party that provides the information.

It should be noted, however, that some court proceedings in some legal systems authorize the oral establishment of such a confidential relationship and that certain court proceedings in some jurisdictions allow the use of acts as evidence of the establishment of such a confidential relationship, but you should NEVER rely on or anticipate the fact that a court applies an oral confidentiality agreement based only on acts. The company discovered that these employees were legally purchasing mobile phones through the distribution organization and then reselling them at home with a significant price increase. When asked to sign the new agreement prohibiting this type of competitive behaviour, they decided that they were making more money in their resale operations. Confidentiality agreements are an important legal framework used to protect sensitive and confidential information from the recipient`s availability of such information. Businesses and startups use these documents to ensure that their good ideas are not stolen by people they negotiate with. Anyone who violates an NOA will be subject to prosecution and penalties commending the value of the shortfall.