Invention Disclosure Agreement for India

Invention Disclosure Agreement Template for India

A comprehensive legal document governed by Indian law that facilitates the protected disclosure of novel inventions, innovations, or technological developments between parties. The agreement ensures confidential handling of sensitive technical information while establishing clear guidelines for its use, protection, and eventual return or destruction. It incorporates provisions aligned with Indian intellectual property laws, particularly the Patents Act, 1970, and addresses specific requirements for maintaining confidentiality and protecting potential patent rights within the Indian legal framework.

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What is a Invention Disclosure Agreement?

The Invention Disclosure Agreement serves as a critical legal instrument in India's innovation ecosystem, designed to protect inventors and organizations during the crucial phase of sharing novel technical developments. This document becomes essential when inventors or organizations need to disclose confidential information about their inventions to potential partners, investors, or evaluators, while maintaining their rights for future patent applications. The agreement, governed by Indian law and compliant with the Patents Act, 1970, includes detailed provisions for maintaining confidentiality, permitted uses of the disclosed information, and obligations of the receiving party. It's particularly relevant in situations involving technology transfer, collaborative research, investment discussions, or potential commercialization partnerships.

What sections should be included in a Invention Disclosure Agreement?

1. Parties: Identification of the disclosing party (inventor/owner) and receiving party, including their legal details and representatives

2. Background: Context of the disclosure, relationship between parties, and purpose of the agreement

3. Definitions: Key terms including 'Invention', 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Effective Date'

4. Scope of Disclosure: Details of the invention and related information to be disclosed

5. Confidentiality Obligations: Recipient's duties to maintain confidentiality, permitted uses, and security measures

6. Permitted Disclosures: Circumstances under which the recipient may share the information with authorized persons

7. Return or Destruction of Information: Obligations regarding handling of disclosed information upon agreement termination

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Intellectual Property Rights: Confirmation that all IP rights remain with the discloser

10. No License: Clarification that no licenses or rights are granted through the disclosure

11. Remedies: Available legal remedies in case of breach, including injunctive relief

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

13. General Provisions: Standard clauses including entire agreement, amendments, severability, and notices

What sections are optional to include in a Invention Disclosure Agreement?

1. Non-Compete Clause: Restrictions on recipient's competitive activities - used when disclosure involves commercially sensitive innovations

2. Assignment: Rules for transferring rights/obligations - included when parties might undergo corporate restructuring

3. Export Control: Compliance with export regulations - necessary for inventions with international implications

4. Reverse Engineering Prohibition: Specific prohibition on reverse engineering - important for software or technical inventions

5. Publicity Restrictions: Controls on public announcements - useful for high-profile or sensitive inventions

6. Independent Development: Recipient's rights to develop similar technologies independently - important for R&D companies

7. Survival Clause: Specific provisions that continue after termination - used for long-term sensitive information

What schedules should be included in a Invention Disclosure Agreement?

1. Schedule A - Description of Invention: Detailed technical description of the invention including drawings, specifications, and methodology

2. Schedule B - Authorized Representatives: List of authorized personnel from both parties who may access the confidential information

3. Schedule C - Security Protocols: Specific security measures and protocols for handling the confidential information

4. Schedule D - Disclosure Log: Template for recording specific instances of information disclosure

5. Appendix 1 - Non-Disclosure Undertaking: Template for additional confidentiality undertakings by representatives

6. Appendix 2 - Return/Destruction Certificate: Template for certifying return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Engineering

Software Development

Electronics

Automotive

Aerospace

Chemical

Medical Devices

Artificial Intelligence

Clean Technology

Telecommunications

Research and Development

Relevant Teams

Legal

Research and Development

Intellectual Property

Innovation

Product Development

Technical Operations

Business Development

Corporate Strategy

Technology Transfer

Scientific Affairs

Patent Operations

Investment

Compliance

Technology Assessment

Relevant Roles

Chief Technology Officer

Research Scientist

Patent Attorney

Intellectual Property Manager

Innovation Director

Research and Development Manager

Technology Transfer Officer

Legal Counsel

Investment Manager

Product Development Manager

Technical Director

Chief Scientific Officer

Innovation Scout

Intellectual Property Specialist

Research Director

Business Development Manager

Technology Commercialization Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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