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.
The Oregon Short Form Nondisclosure Agreement between an Inventor and a Person with whom a Patent is Discussed is a legal document designed to protect the confidential information shared during patent discussions. By signing this agreement, both parties agree to keep the disclosed information private, preventing unauthorized use or disclosure. The agreement outlines the obligations and responsibilities of the inventor and the person with whom the patent is discussed, ensuring the utmost confidentiality throughout the patent development and disclosure process. Here is a comprehensive description of the Oregon Short Form Nondisclosure Agreement: 1. Parties: The agreement identifies the two key parties involved in the discussion — the inventor (disclosing party) and the person with whom the patent is discussed (receiving party). The full legal names and contact details of both parties are specified. 2. Purpose: The document clearly states the purpose of the agreement, which is to protect the inventor's confidential information disclosed during discussions regarding the patent. The agreement specifies that the nondisclosure obligations apply to any oral, written, or visual information shared between the parties. 3. Non-Disclosure Obligations: The agreement describes the obligation of the receiving party to maintain the confidentiality of the disclosed information. It prohibits the receiving party from disclosing any of the inventor's confidential information to third parties without prior written consent from the inventor. 4. Scope of Confidentiality: The agreement defines the scope of information that is considered confidential. This may include patent specifications, technical know-how, trade secrets, prototypes, marketing strategies, customer lists, financial information, or any other information explicitly designated as confidential. 5. Exceptions: The agreement may outline certain exceptions where the receiving party is allowed to disclose the confidential information. These exceptions typically include situations where disclosure is required by law, court order, or if the information becomes publicly available through no fault of the receiving party. 6. Return or Destruction of Information: The agreement may specify that the receiving party must promptly return or destroy any documents, prototypes, or other materials containing the inventor's confidential information at the request of the disclosing party or when the discussions regarding the patent are concluded. 7. Term and Termination: The agreement's duration is indicated, specifying the start and end date of the confidentiality obligations. Additionally, it outlines the conditions under which the agreement can be terminated, such as mutual agreement or a specified notice period. 8. Governing Law: The agreement may state that it is governed by the laws of the state of Oregon, ensuring consistency with local legislation and regulations. Different variations or modifications of the Oregon Short Form Nondisclosure Agreement between Inventor and Person with whom Patent is Discussed may exist based on specific needs or preferences. Some potential variations could focus on more detailed definitions of confidential information, stricter non-disclosure obligations, inclusion of non-compete clauses, limitations on the use of confidential information, or additional provisions protecting the inventor's intellectual property rights. These modifications can be made based on the complexity of the invention, the sensitivity of the information, or the level of trust between the parties involved.
