Agreements that create a confidential relationship are particularly useful if you have an invention and have not yet filed a patent application. Nevertheless, if you can get a signed confidentiality agreement even after filing a patent application, that is preferable. See Justified Paranoia. While you participated in the explanatory statement to define your invention when filing a patent application, exclusive rights exist only when the patent is actually issued. It is therefore necessary to preserve the rights of the invention until a patent application has yet been sought. In addition, when disclosing an invention, it is quite possible that you will also divy commercial and commercial information that is not disclosed in the patent application and which could themselves be maintained as a trade secret. One of the main reasons why people like to use reciprocal confidentiality agreements is that they have proprietary information or business secrets that they want to protect. This information is usually very valuable to its owner. In addition, the information could be destroyed or reduced if it is disclosed to others. This makes it important to protect the dissemination of information and to set certain restrictions. To determine if you have proprietary information, you need to determine if it meets the basic criteria.
The criteria are: The reason why you should never rely on an oral confidentiality agreement is simply that it is extremely difficult, if not impossible, to prove the existence of an oral agreement and/or acts indicating the creation of such an agreement. It`s because of the “he said she said” problem. In essence, a case based on an oral agreement is decided on the basis of who is believed. Don`t sit in this situation, if you can even avoid it. You should always try to get the agreement in writing (if possible), even if you have to dilute it a bit to get a signature. In fact, you can use a confidentiality agreement to protect any type of information that is not known to everyone. And the use of a confidentiality agreement means that those who receive the information are required to keep the information secret, which legally prohibits that disclosure, by limiting an agreement, from being a general disclosure that would defeat a trade secret. An NDA can also be called a confidentiality agreement.
Reciprocal confidentiality agreements are useful when both parties provide confidential information, for example. B for groups of inventors. Default confidentiality agreements, which are probably the most common in the field of innovation, are used when a single party transmits confidential information, perhaps to a potential investor or potential licensee.