What an IP co-ordinator should know, confidentially speaking
By David French
While recently on a trip to the United States, I was invited by an inventor with new technology relating to Cold Fusion to sign a Confidentiality Document, also known as a Nondisclosure Agreement, or NDA. I reviewed the document and I was reminded of the important points to consider before ever signing such a paper.
Inventors rely on non-disclosure agreements to preserve their rights to file for patent protection when disclosing their ideas to others during the development or funding stage of their inventions. Most countries in the world will not grant a patent, or uphold its validity in litigation, if it comes out that the inventor broke secrecy before filing a first patent application. This is the famous novelty requirement of patent law. Until further jurisprudence develops, it is likely that a single disclosure to a person who is not obligated to keep the information confidential will have the effect of invalidating the right to obtain a patent. Accordingly, it’s legitimate for inventors to want to discuss their ideas only on a confidential basis.
