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.
A Maryland Short Form Nondisclosure Agreement between an Inventor and a Person with whom a Patent is Discussed is a legally binding document that ensures the confidentiality and protection of sensitive information shared between the parties involved in discussing a potential patent. This agreement serves as a critical tool for inventors who need to disclose their innovative ideas, inventions, or potential patent applications to others, such as investors, manufacturers, or business partners. By signing this agreement, all parties agree to maintain absolute confidentiality regarding the disclosed information and prevent any unauthorized use, disclosure, or acquisition. The Maryland Short Form Nondisclosure Agreement typically encompasses the following key elements: 1. Parties Involved: Identifies the parties entering into the agreement, including the inventor(s) (disclosing party) and the person receiving the information (receiving party). 2. Purpose of Disclosure: Clearly outlines the intent behind the disclosure of information, typically related to discussing and evaluating the potential patent for commercial purposes. 3. Definition of Confidential Information: Defines the scope of knowledge, inventions, trade secrets, technical data, prototypes, or other proprietary information subject to the agreement. Keywords such as "inventions," "patentable concepts," "proprietary information," and "trade secrets" would be relevant to this section. 4. Non-Disclosure Obligations: States the responsibilities of the receiving party regarding the confidential information. It emphasizes that the receiving party shall not disclose, reveal, or use the disclosed information for any purpose other than evaluating the potential patent or acquiring relevant rights. 5. Non-Use Obligations: Imposes restrictions on the receiving party, preventing them from using the disclosed information to their advantage without the express written consent of the disclosing party. This section might include keywords like "forbidden use," "non-exploitation," or "prohibited utilization." 6. Time Frame: Specifies the duration of the confidentiality obligations, usually known as the "confidentiality period" or "term." 7. Exceptions to Confidentiality: Enumerates circumstances where the receiving party is exempt from confidentiality obligations, such as information already in the receiving party's possession, information obtained from a third party, or information required by law enforcement or court order. 8. Remedies: Outlines the remedies available to the disclosing party in case of a breach, which may include injunctive relief, damages, or attorney fees. It is worth noting that there are no specific variations of the Maryland Short Form Nondisclosure Agreement between an Inventor and a Person with whom a Patent is Discussed. However, individual agreements may have slight differences depending on the specific needs, circumstances, or preferences of the parties involved.
