Licenses or other agreements with business partners relating to the exploitation of inventions may not be finalized until the subject matter of the invention is disclosed. However, a disclosure of the invention bars the filing of a patent - only those inventions which are absolutely new can be patented.
The conclusion of a non-disclosure agreement allows the full scope of the invention to be discussed with licensees or investors without losing the possibility to file a patent later.
Essential content of a confidentiality agreement is the obligation of the contracting party not to publish the information provided and to impose this obligation on all persons to whom the information is passed. An exact documentation of the information given is, of course, indispensable.
But beware: if a secrecy agreement is broken, and the invention is made available to the public, the chance to receive a patent may be lost! However, the inventor is entitled to demand compensation for damages from the “dealbreaker”, which may be stipulated in the agreement.
We would be pleased to advise you in the preparation of an agreement customized to your case, so that you can offer the subject matter of your invention to investors without running the risk of losing your right to the patent.
