The Non-Disclosure Agreement For Invention is a crucial legal document used in India when inventors or companies need to share confidential information about their innovations with third parties. This agreement is particularly important in the pre-patent filing phase or during business negotiations where detailed technical information must be disclosed. It provides protection under Indian law, specifically incorporating elements from the Indian Contract Act, 1872, and the Patents Act, 1970. The document is essential for maintaining invention secrecy while enabling necessary discussions with potential investors, manufacturers, or business partners. It includes comprehensive definitions of confidential information, specific handling requirements for technical data, and clear obligations for all parties involved. The agreement is designed to prevent unauthorized disclosure or use of the invention while allowing for legitimate business evaluation and development processes.
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1. Parties: Identification of the disclosing party (inventor/owner) and receiving party, including full legal names, addresses, and company details if applicable
2. Background: Context of the disclosure, brief description of the invention, and purpose of entering into the agreement
3. Definitions: Detailed definitions including 'Confidential Information', 'Invention', 'Permitted Purpose', 'Representatives', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including the invention details, know-how, and related technical information
5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Permitted Disclosures: Circumstances under which the receiving party may disclose information to its representatives or as required by law
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Intellectual Property Rights: Confirmation that no IP rights are transferred and all rights remain with the disclosing party
10. Breach and Remedies: Consequences of breach, including injunctive relief and compensation
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Patent Rights: Section specifically addressing existing or potential patent applications, to be included when patent applications are pending or contemplated
2. Multiple Inventors: Additional provisions for cases involving multiple inventors or joint ownership of the invention
3. Export Control: Provisions regarding export control regulations, necessary when the invention might be subject to export restrictions
4. Pre-Existing Obligations: Section addressing any pre-existing obligations or agreements related to the invention, used when relevant prior agreements exist
5. Reverse Engineering Prohibition: Specific prohibition against reverse engineering, particularly relevant for software or mechanical inventions
6. Testing and Evaluation: Provisions for cases where the receiving party needs to test or evaluate the invention
7. Publication Rights: Provisions regarding academic or scientific publication rights, relevant for academic or research-related inventions
1. Schedule 1 - Description of the Invention: Detailed technical description of the invention, including drawings, specifications, and technical details
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling the confidential information
4. Appendix A - Acknowledgment Form: Form to be signed by representatives who will have access to the confidential information
5. Appendix B - Invention Records: List of all documents, prototypes, or materials being disclosed
Relevant legal definitions
Agreement
Invention
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Effective Date
Confidentiality Period
Technical Information
Prototype
Intellectual Property Rights
Patent Rights
Know-How
Trade Secrets
Affiliate
Business Day
Authorised Recipients
Disclosures
Material
Proprietary Information
Technical Data
Specifications
Research Results
Development Documentation
Experimental Data
Technical Drawings
Manufacturing Process
Testing Results
Evaluation Period
Related Technology
Derivative Works
Background IP
Working Day
Confidentiality Obligations
Security Protocols
Permitted Disclosures
Third Party
Associated Rights
Invention Records
Invention
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Effective Date
Confidentiality Period
Technical Information
Prototype
Intellectual Property Rights
Patent Rights
Know-How
Trade Secrets
Affiliate
Business Day
Authorised Recipients
Disclosures
Material
Proprietary Information
Technical Data
Specifications
Research Results
Development Documentation
Experimental Data
Technical Drawings
Manufacturing Process
Testing Results
Evaluation Period
Related Technology
Derivative Works
Background IP
Working Day
Confidentiality Obligations
Security Protocols
Permitted Disclosures
Third Party
Associated Rights
Invention Records
Clauses
Confidentiality
Intellectual Property Rights
Non-Disclosure
Permitted Use
Return of Information
Term and Termination
Governing Law
Dispute Resolution
Breach and Remedies
Indemnification
Assignment
Representations and Warranties
Notice
Severability
Force Majeure
Non-Circumvention
Entire Agreement
Amendment
Waiver
Survival
Third Party Rights
Export Control
Data Protection
Non-Competition
Technical Safeguards
Patent Rights
Publication Restrictions
Testing and Evaluation
Reverse Engineering Prohibition
Security Measures
Intellectual Property Rights
Non-Disclosure
Permitted Use
Return of Information
Term and Termination
Governing Law
Dispute Resolution
Breach and Remedies
Indemnification
Assignment
Representations and Warranties
Notice
Severability
Force Majeure
Non-Circumvention
Entire Agreement
Amendment
Waiver
Survival
Third Party Rights
Export Control
Data Protection
Non-Competition
Technical Safeguards
Patent Rights
Publication Restrictions
Testing and Evaluation
Reverse Engineering Prohibition
Security Measures
Relevant Industries
Information Technology
Biotechnology
Pharmaceutical
Manufacturing
Engineering
Electronics
Medical Devices
Automotive
Aerospace
Chemical
Clean Technology
Artificial Intelligence
Internet of Things
Research & Development
Consumer Electronics
Relevant Teams
Legal
Research & Development
Intellectual Property
Product Development
Engineering
Innovation
Business Development
Technical Operations
Patent Operations
Corporate Development
Investment
Design
Technology Transfer
Relevant Roles
Chief Technology Officer
Research Scientist
Patent Attorney
Innovation Manager
Product Development Manager
Research & Development Director
Intellectual Property Manager
Technical Director
Chief Executive Officer
Business Development Manager
Investment Manager
Engineering Manager
Legal Counsel
Technology Transfer Officer
Venture Capital Associate
Industrial Designer
Principal Investigator
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