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NonDisclosure Agreement regarding Invention that has not been Patented

State:
Multi-State
Control #:
US-01542BG
Format:
Word; 
Rich Text
Instant download

Description Not Patented

A non-disclosure agreement (NDA) is a legal contract between at least two parties that outlines confidential materials or knowledge the parties wish to share with one another for certain purposes, but wish to restrict access to. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or a trade secret. As such, an NDA protects non-public business information.

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Nondisclosure Agreement Invention FAQ

The first person or enterprise to file a patent for an invention will have the right to the patent. This may in fact mean that, if you do not patent your inventions or inventions made the employees of your company, somebody else who may have developed the same or an equivalent invention later may do so.

For an invention to be patentable, it does not need to be the most efficient, effective, or perfected form of a particular use (whether it is a medication, a piece of software code, or a machine). It merely needs to work as described.

The short answer is no. Unfortunately, despite what you may have heard from late night television commercials, there is no effective way to protect an idea with any form of intellectual property protection. Copyrights protect expression and creativity, not innovation. Patents protect inventions.

15 WAYS TO STOP YOUR INVENTION FROM BEING STOLEN.2File a provisional patent application. Protect your idea before receiving a patent.3Put the public on notice of your ownership.4Keep accurate communication records.5Create an IP culture.6Vet your partners and investors.

Not exactly. You cannot make the Patent Office apply your disclosure as prior art to the patent application filed by the investor or licensee. Your disclosure may not be prior art to their patent application.

The simple answer is noyou cannot patent an idea for an invention. The invention itself has to be produced or a patent application containing the invention must be filed with the U.S. Patent and Trademark Office (USPTO). While all inventions start with an idea, not every idea can be called an invention.

If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an "NDA" or a "confidentiality agreement," but the terms are similar.

No. You are not required to obtain a patent in order to sell a product or service embodying your invention. Many products and services are sold that are not patented. A U.S. patent provides the right to stop others from making marketing, selling, or importing your invention in the United States.

If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an "NDA" or a "confidentiality agreement," but the terms are similar.

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NonDisclosure Agreement regarding Invention that has not been Patented