Sharing an unpublished invention safely: NDAs, encryption and the DPDP Act

An FTO or patentability search usually means sharing details that are not yet public. Done carelessly, that disclosure can create commercial risk and, in some circumstances, complicate your ability to patent. Here is the checklist we hold ourselves to — and that you should expect from any provider.

Before you share anything

• A signed NDA first. It should cover the technical disclosure, the search results and the fact of the engagement itself.
• Minimum necessary information. Share what the analyst needs to understand the features, not your full design archive.

How files should be handled

• Encrypted in transit, never sent as open, forwardable links, and stored privately.
• Least-privilege access: only the people working on your project should be able to open your files.
• Protected delivery: password-protected reports or expiring links rather than open, forwardable attachments.
• Defined retention: files should be deleted automatically after an agreed period.

Data-protection law

In India, the Digital Personal Data Protection Act, 2023 governs personal data such as names, emails and phone numbers collected during an engagement. EU clients are additionally covered by the GDPR. Your provider should explain what personal data it holds, why, for how long, and how you can request a copy or deletion.

Delivery

Reports should carry the recipient's name and date and be password-protected on request.

Use this as a checklist when choosing any search provider — including us. If a provider cannot describe its safeguards clearly, treat that as a signal.