Patents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time. In order to be patented an invention must be novel, useful, and not of an obvious nature. There are three types of patents: a) "utility patent" which includes a process, a machine (mechanism with moving parts), manufactured products, and compounds or mixtures (such as chemical formulas); b) "design patent" which is a new, original and ornamental design for a manufactured article; and c) "plant patent" which is a new variety of a cultivated asexually reproduced plant.
Minnesota Short Form Nondisclosure Agreement between Inventor and Person with whom Patent is Discussed: A Minnesota Short Form Nondisclosure Agreement is a legally binding document that outlines the terms and conditions under which an inventor and a person with whom a patent is being discussed agree to share confidential information. This agreement is designed to protect the inventor's intellectual property and trade secrets while allowing for a discussion on potentially pursuing a patent. In essence, this agreement ensures that the person receiving the confidential information will not disclose it to any third parties or use it for their own benefit without the consent of the inventor. It is a crucial document that helps maintain confidentiality during the initial stages of patent discussions. The key elements included in a Minnesota Short Form Nondisclosure Agreement are: 1. Confidential Information: This section defines what constitutes confidential information being disclosed by the inventor. It includes any technical, scientific, financial, or business-related information that is not public knowledge. 2. Purpose of Disclosure: The agreement specifies that the confidential information shared by the inventor is solely for the purpose of evaluating the potential patent and discussing its commercial viability. It goes on to emphasize that the confidential information should not be used for any other purpose. 3. Obligations of Receiving Party: The person receiving the confidential information is obligated to maintain its secrecy and not disclose it to any unauthorized individuals or entities. This section also highlights the duty to exercise reasonable care in safeguarding the confidential information. 4. Non-Use Agreement: The agreement explicitly prohibits the person receiving the information from using the confidential information for their personal or professional gain, without the consent of the inventor. 5. Duration of Agreement: The time frame during which the agreement remains in effect is mentioned, typically ranging from a few years to an indefinite period. 6. Governing Law and Jurisdiction: The agreement specifies that it is subject to the laws of the state of Minnesota and any disputes arising from the agreement will be settled within the state's jurisdiction. Types of Minnesota Short Form Nondisclosure Agreements between Inventor and Person with whom Patent is Discussed: 1. General Minnesota Short Form Nondisclosure Agreement: This is the standard agreement template that covers the essential elements mentioned above and is suitable for most patent disclosure discussions. 2. Mutual Minnesota Short Form Nondisclosure Agreement: This type of agreement is utilized when both parties, i.e., the inventor and the person with whom the patent is being discussed, will be sharing confidential information. It ensures that both parties are equally bound by the non-disclosure and non-use obligations. 3. Employee Minnesota Short Form Nondisclosure Agreement: In cases where the person with whom the patent is being discussed is an employee or contractor of the inventor, this agreement establishes the terms and conditions of confidential information sharing within the employment relationship. In conclusion, a Minnesota Short Form Nondisclosure Agreement is a vital legal document for inventors and individuals discussing potential patents. Its purpose is to safeguard the inventor's confidential information and restrict its use or disclosure. By adhering to this agreement, both parties can engage in meaningful discussions while maintaining confidentiality.
