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.
The Virginia Short Form Nondisclosure Agreement between Inventor and Person with whom Patent is Discussed is a legally binding document that establishes a confidential relationship between the inventor and the person with whom the patent is being discussed. This agreement ensures that any confidential information shared between the parties remains protected and not disclosed to any unauthorized individuals. The purpose of the Virginia Short Form Nondisclosure Agreement is to safeguard and maintain the secrecy of the inventor's intellectual property, trade secrets, business plans, patent applications, and any other confidential information pertaining to the invention under discussion. Key elements included in the agreement are: 1. Identification of Parties: The agreement identifies the inventor (disclosed) and the person with whom the patent is being discussed (recipient). Both parties must provide their legal names and addresses for the agreement to be enforceable. 2. Non-Disclosure of Confidential Information: The agreement outlines that the recipient shall maintain all confidential information shared by the inventor in strict confidence and shall not disclose it to any third party without the inventor's express written consent. 3. Purpose and Scope: The agreement clearly defines the purpose for which the confidential information is being disclosed. It specifies that the recipient shall only use the confidential information for evaluating the potential patent and not for any other purpose. It also clarifies the duration of the non-disclosure obligation, which is typically for a specified number of years. 4. Exclusions: The agreement may include specific exclusions that the recipient is not required to keep confidential. For instance, information that is already publicly available or known to the recipient before the disclosure may be exempted. 5. Return or Destruction of Information: Upon the request of the inventor, the recipient agrees to promptly return or destroy all confidential information provided. This ensures that the inventor's proprietary information remains protected even after the agreement terminates. Types of Virginia Short Form Nondisclosure Agreements between Inventor and Person with whom Patent is Discussed: 1. One-Way Nondisclosure Agreement: This type of agreement is used when only one party, either the inventor or the recipient, is disclosing confidential information to the other party. It ensures that the recipient maintains the confidentiality of the disclosed information. 2. Mutual Nondisclosure Agreement: In situations where both parties are exchanging confidential information, a mutual nondisclosure agreement is employed. This agreement ensures that both parties equally protect each other's confidential information. It is essential for inventors and individuals discussing or evaluating patents in Virginia to use a Short Form Nondisclosure Agreement to protect their intellectual property rights and maintain the confidentiality of their inventions during the patent process. Consulting with legal professionals experienced in intellectual property law is recommended to ensure the agreement serves its intended purpose effectively.
