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.
A Nebraska Short Form Nondisclosure Agreement between an inventor and a person with whom a patent is discussed is a legal document that serves to protect the inventor's intellectual property rights and maintain confidentiality during patent discussions. This agreement ensures that confidential information exchanged during these discussions remains confidential and prohibits the receiving party from disclosing or using the inventor's information for any purpose other than evaluating the potential patent collaboration. Key elements of a Nebraska Short Form Nondisclosure Agreement may include: 1. Parties: Clearly identifying the inventor and the person with whom the patent is discussed as the parties involved in the agreement. 2. Definition of Confidential Information: Describing the scope of information considered confidential, such as technical specifications, research data, prototypes, business plans, and any other proprietary information disclosed during the patent discussions. 3. Non-Disclosure Obligations: Stating that the receiving party agrees not to disclose any confidential information to third parties, including employees, affiliates, or subcontractors, without the written consent of the inventor. 4. Non-Use Obligations: Ensuring that the receiving party agrees not to use the confidential information for any purpose other than evaluating the potential patent collaboration, and prohibiting them from developing a competing product or filing a similar patent application based on the disclosed information. 5. Duration of Agreement: Specifying the duration of the non-disclosure obligations, typically for a certain number of years following the termination of patent discussions or any subsequent agreement between the parties. 6. Return of Information: Requiring the receiving party to return or destroy all confidential information received from the inventor upon request or termination of the agreement. 7. Governing Law and Jurisdiction: Determining that the agreement will be governed by the laws of Nebraska and stating the exclusive jurisdiction for any disputes that may arise. Nebraska Short Form Nondisclosure Agreements can vary based on the specific needs and circumstances of the parties involved. However, the core elements mentioned above generally apply to any type of nondisclosure agreement in Nebraska between an inventor and a person discussing a potential patent.
