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Patents Corner
Confidential Disclosures
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by Becky Mahurin
In the December issue of Discovery I discussed issues concerned with
disclosing one's intellectual property and how this may jeopardize
patenting when not done properly. One must ask, "Then when and how do
I discuss this intellectual property with colleagues in business and
elsewhere prior to patent filing and issuance?" The answer is always
use a Confidential Disclosure Agreement, sometimes called a Secrecy
Agreement.
A Confidential Disclosure Agreement allows you to disclose information
related to a specified topic and bars the receiving party from using
that information for purposes outside those specified in the
agreement. This also bars the recipient from disclosing this
information to a third party. Typically such an agreement is binding
for not less than five years.
If the recipient receives the same or related information through a
publication, from another party or if that information was in the
possession of the recipient prior to the Confidentiality Agreement,
then that agreement will not be in force.
Confidentiality Agreements are commonly used in both industry and
academia for exchange of proprietary information. One can use this
method of protection for both written and oral disclosure of
information. It is not desirable to attempt to have a large group of
people sign a Confidentiality Agreement, but it is very workable for
disclosure to a small group or for meeting with industry
representatives.
The agreements generally are very short, one or two pages. The
clauses used are commonly seen and generally will require only a short
review by recipients or their attorneys.
A Confidentiality Agreement is not nor should it imply that it is a
license. Therefore, one can have agreements in place with several
different companies for their review of your ideas.
Confidentiality Agreements are available in the Technology Transfer Office. Whether MSU is the recipient or the discloser, it is
necessary to obtain the signature of the Vice President for Research
on the agreement.
Becky Mahurin
Director of the Technology Transfer Office at MSU
© 2000 Montana State University-Bozeman
Discovery March 1995
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