Disclaimer: The purpose of this audit is to give inventors a general understanding of confidentiality agreements. It is not legal advice. Inventors are advised to get professional advice before entering into an agreement. If someone is interested in your invention, they are open to amending certain details of their standard confidentiality agreement to address your concerns. Inform the listener of your concerns about certain points in the agreement and explain why these issues are problematic. Ask the operator based on his ideas how the agreement could be modified to reflect your specific concerns. General concerns will land flat and will not go anywhere. The key is to be specific and submit your concerns with reasons that the examiner can understand. The reviewer may not come up with ideas to solve your problems. In this case, you can propose solutions. If the examiner has a problem with your proposed solution, ask the examiner for an explanation. Remember that this is the first phase of building a relationship.
If you are considered reasonable and understanding, future (more important) negotiations will be more fluid. Launch your NDA by creating the “parts” of the agreement. The “notifying party” is the individual or legal person who shares information, while the “receiving party” is the individual or legal person who receives information. Below are two examples of confidentiality agreements corresponding to the first step (unsolicited inventions) and the second stage (after interest). While there is no set standard for these agreements, the following agreements should be roughly in line with the agreements you will find from most companies. The judicial clause defines the state laws that govern the confidentiality agreement. If confidential information is disclosed or used inappropriately by a party and legal action is filed, the laws of the agreed state apply and all trials or hearings take place in that state. If you are an inventor, please also visit our invention page on the 101 patent, as well as the inventory information section of our blog, which contains basic information for beginners and professionals. If you are new to privacy agreements (sometimes called NOAs or confidentiality agreements) I also recommend starting with What is a Trade Secret, which gives you some basic information about what can be protected. You may be able to ask yourself how much information can and should be protected, but can only be considered a “trade secret” as long as you take appropriate steps to preserve secrecy. This is where the confidentiality agreement (NDA) comes into play. This agreement applies to the City and its partners, employees, representatives and related businesses.
This agreement also applies to any additional written or oral information that could be provided in addition to the submission, whether it was made now, at the same time as the submission or at a later date.