Patents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time. In order to be patented an invention must be novel, useful, and not of an obvious nature. There are three types of patents: a) "utility patent" which includes a process, a machine (mechanism with moving parts), manufactured products, and compounds or mixtures (such as chemical formulas); b) "design patent" which is a new, original and ornamental design for a manufactured article; and c) "plant patent" which is a new variety of a cultivated asexually reproduced plant.
Connecticut Short Form Nondisclosure Agreement between Inventor and Person with whom Patent is Discussed: A Connecticut Short Form Nondisclosure Agreement (NDA) is a legal document designed to protect the confidential information shared between an inventor and a person with whom the inventor discusses their patent. This NDA ensures that both parties maintain strict confidentiality regarding the detailed aspects of the invention, preventing unauthorized disclosure or use of the proprietary information. The Connecticut Short Form Nondisclosure Agreement typically includes the following key elements: 1. Parties: Clearly identifies the parties involved, namely the inventor and the person with whom the patent is discussed. 2. Recitals: Outlines the purpose of the agreement, emphasizing the importance of safeguarding confidential information during discussions related to the patent. 3. Definition of Confidential Information: Defines the scope of what is considered confidential information, encompassing any technical details, trade secrets, prototypes, formulas, designs, and related materials, disclosed or discussed during the patent discussions. 4. Obligations of Receiving Party: Specifies the person receiving the information's responsibilities to keep the disclosed information confidential and use it solely for the purpose of evaluating the patent or potential business collaboration. 5. Non-Disclosure: Highlights that the receiving party must not disclose the confidential information to any third party without the written consent of the disclosing party. 6. Non-Use: Prohibits the receiving party from using the confidential information for any purpose other than evaluating the patent or entering into a potential business partnership. 7. Term and Termination: Establishes the duration of the agreement, ensuring confidentiality obligations persist even after discussions end, typically for a specified period of time (e.g., three years). Also includes provisions for termination, such as written notice or breach of agreement. 8. Governing Law: Specifies that the agreement is governed by the laws of the State of Connecticut, ensuring any disputes are resolved under the state's legal jurisdiction. Types of Connecticut Short Form Nondisclosure Agreements: 1. Mutual Nondisclosure Agreement: This type of agreement is used when both parties involved in the patent discussion want to protect their respective confidential information. It ensures that both parties adhere to the same obligations and safeguards the interests of both the inventor and the person engaging in discussions. 2. One-Way Nondisclosure Agreement: In some scenarios, only one party requires protection for their confidential information. This type of agreement is typically used when an inventor is seeking potential investors, and the agreement solely binds the person approached, preventing them from disclosing or using any confidential information without the inventor's consent. In summary, a Connecticut Short Form Nondisclosure Agreement serves as a vital legal instrument to protect the confidentiality of patent-related discussions between an inventor and another party. By signing this agreement, both parties acknowledge and commit to maintaining the confidentiality of the disclosed information, thereby safeguarding the inventor's intellectual property rights.
