What to Do When Someone Breaches Your NDA
From documenting the breach to legal options. Your response depends on severity, governing law, and commercial consequences.
01
Step 1 — Immediately
Document the Breach
Before contacting anyone, gather evidence. Screenshots, emails, product listings, social media posts, publications — any evidence showing confidential information was disclosed. Preserve originals. Note dates, sources, and the specific information disclosed.
ScreenshotsEmailsDatesPreserve Originals
02
Step 2
Assess the Damage
What was disclosed? To whom? Is the information now public (destroying trade secret status) or limited? Has it affected your patent position (public disclosure in no-grace-period jurisdictions)? Has a competitor gained a commercial advantage?
03
Step 3
Send a Formal Notice
Through your attorney, send a written notice identifying: the specific NDA provisions violated, the specific confidential information disclosed, and demanding immediate cessation, return/destruction of materials, and confirmation of compliance.
04
Step 4
Assess Legal Options
Injunction: court order to stop disclosure. Damages: monetary compensation for losses. Arbitration: if specified in the NDA (recommended for international NDAs). Your attorney advises which route is appropriate based on the governing law and jurisdiction.
InjunctionDamagesArbitration
05
Step 5
Protect What You Can
If the disclosure hasn't become widely public, act fast to contain it. If it has become public, assess whether your patent position is affected and whether emergency filings are needed to preserve rights in grace-period jurisdictions.
⚠ Pitfalls to Avoid
Confronting Before Documenting
If you contact the breaching party before preserving evidence, they may delete messages, remove listings, or destroy evidence. Document first, then act.
Assuming All Is Lost
A breach may be containable — the information may have reached only a limited audience. Don't assume the worst before assessing the actual scope of the disclosure.
Not Checking Patent Impact
If the breached information constitutes a public disclosure of your invention, it may trigger grace period deadlines (12 months in the US) or destroy novelty outright in non-grace-period countries. Emergency patent filings may be needed.