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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.

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We’re under NDA, right?

This is post is by Associate Phil Newman, a London-based marketing and commercialization strategist for technology companies. We welcome your comments.

By Phil Newman

“OK. Tuesday at 2:30. Great, see you then. We’ll get our NDA over to you guys … yeah, it’s mutual … we can talk more freely about how things could shape up between us. OK, Tuesday it is.”

Sounds fine, doesn’t it? Countersigned NDA filed in the company’s records, check. Possible collaboration with the guys at XYZ Corp., check. Mutual NDA that states what’s ours is ours, check.

But is the NDA, or Non-Disclosure Agreement, a simple business-process document that’s as everyday as a purchase order, or a legally binding document that opens up the potential of intellectual property (IP) issues later? And what about those IP clauses in your standard employment contract? French car-maker Renault recently suspended three senior execs in what was described as a sophisticated case of industrial espionage. The case revolved around electric vehicle programs and power train and battery technology. Chinese companies have been named, but involvement has been denied.

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  • 5 Ways to Engage With Your Brand Voice - icuc.social : [...] “A strong company voice on social media should emphasize the company’s values, objectives and key differentiators that set it apart from its competitors. These can be expressed in the tone of the communication and the content that is shared with community members and the target audience.The best social media voices are communal, grammatical, dialectical, authentic, original, contextual, relevant, timely, persistent, responsive, helpful, generous and more informal. A company’s social media voice should only be changed if absolutely necessary and should maintain all of these qualities. Any change should be preceded by lots of information explaining the change to community members to ensure they know it is deliberate and that the company isn’t suffering from some form of instability, which jeopardizes relationships.” [@TechAlly, Francis Moran & Associates – via Francis Moran & Associates] [...]

  • Stephen Murray : Interesting article. I am close to finishing a book titled "Davis and Goliath - One Inventor's Struggle with the Mismanagement and Theft of Intellectual Property." Davis in my book is W.R. Davis Engineering. "Goliath" is the Canadian Department of National Defence. The intellectual property is an infrared signature suppression system to protect warships and tactical aircraft from being targetted by heat seeking missiles. I was a public servant co-inventor in this story. As was the case in the biblical story "David and Goliath," Davis did indeed slay Goliath. Davis is wealthy today. The inventors and the Crown got nothing. But the Crown's negligent acts were to blame for most of outcome. Everything that could have gone wrong in the story did go wrong. My book may interest you. Hope to have it published by year end.

  • Dan Rather’s Words of Wisdom for the PR profession | Return On Reputation : [...] that you are serving a higher purpose than just serving your clients – you are serving public interest and our nation’s [...]

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