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.
Title: Nevada Short Form Nondisclosure Agreement between Inventor and Person with whom Patent is Discussed Introduction: A Nevada Short Form Nondisclosure Agreement between an Inventor and a Person with whom a Patent is Discussed is a legally binding document designed to protect the confidential information shared during discussions related to a potential patent. It ensures that both parties maintain the secrecy of the disclosed information, preventing any unauthorized use or disclosure that may harm the inventor's intellectual property rights. Keywords: Nevada Short Form Nondisclosure Agreement, Inventor, Person, Patent, Confidential Information, Secrecy, Unauthorized Use, Intellectual Property Rights. Key Elements of the Nevada Short Form Nondisclosure Agreement: 1. Identification of the Parties: The agreement must clearly state the full names and contact details of the Inventor (disclosing party) and the Person with whom the Patent is Discussed (receiving party). 2. Purpose: Define the purpose of the agreement, which is typically to protect confidential information related to a potential patent discussed between the parties. 3. Confidential Information: Specify the scope of information that is considered confidential, ensuring that the definition is clear and comprehensive to cover all relevant aspects of the patent discussion, including trade secrets, designs, concepts, formulas, etc. 4. Obligations of the Receiving Party: Clarify the responsibilities of the receiving party regarding the treatment of confidential information, such as safeguarding the information, limiting access to authorized individuals, and refraining from disclosing or using the information for any purpose other than the agreed-upon one. 5. Non-Disclosure and Non-Use: Explicitly state that the receiving party must not disclose the confidential information to any third party, except as required by law, and refrain from using the information for their personal or professional benefit without the prior written consent of the disclosing party. 6. Term and Termination: Specify the duration of the agreement's effectiveness, starting from the date of signing, or alternatively, from the first disclosure of confidential information. Also, include conditions for early termination, such as mutual agreement or fulfillment of the purpose outlined in the agreement. 7. Remedies and Equitable Relief: Address the potential consequences of breaching the agreement, including injunctive relief, monetary damages, and any other available legal remedies. 8. Governing Law and Jurisdiction: Determine that the agreement will be governed by the laws of Nevada state, and, if applicable, specify the jurisdiction where any disputes arising from the agreement will be resolved. Types of Nevada Short Form Nondisclosure Agreements: 1. Unilateral NDA: This type of agreement is signed when only one party, such as an inventor or patent holder, discloses confidential information to another party who agrees to maintain its secrecy. 2. Mutual NDA: In a mutual NDA, both parties involved in the patent discussion share confidential information and agree to keep it confidential. This type of agreement is suitable when both parties have sensitive information that needs protection. Conclusion: The Nevada Short Form Nondisclosure Agreement is a crucial legal tool that helps inventors protect their confidential information when discussing potential patents with other parties. By setting forth clear obligations and restrictions, this agreement ensures that confidential information remains secure and encourages an environment conducive to innovation and protection of intellectual property rights.
