The Patent Non-Disclosure Agreement is essential when sharing sensitive patent-related information in Canada, whether for business evaluation, technical collaboration, or potential licensing discussions. This document is crucial before disclosing any information that could affect patent rights or compromise competitive advantage. It's particularly important in Canada where patent protection follows a first-to-file system under the Patent Act. The agreement typically covers technical specifications, invention details, patent applications, and related know-how. It's designed to comply with Canadian federal and provincial laws while ensuring practical enforceability. This type of agreement is commonly used during technology transfer negotiations, R&D collaborations, or when seeking investment or manufacturing partners.
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1. Parties: Identification of the disclosing party (typically the patent owner/applicant) and receiving party, including full legal names and addresses
2. Background: Context of the disclosure, including brief description of the patent/patent application and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Patent Information', 'Permitted Purpose', 'Representatives', and 'Effective Date'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to patent technology, applications, and related know-how
5. Disclosure and Use: Terms governing how the confidential information can be used, including permitted purposes and restrictions
6. Standard of Care: Obligations regarding the protection of confidential information and required security measures
7. Permitted Disclosures: Conditions under which confidential information may be shared with employees, advisors, or other authorized parties
8. Return or Destruction: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival: Obligations that continue after termination
11. Relief: Remedies in case of breach, including injunctive relief
12. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Patent Improvements: Clause addressing ownership and rights to improvements or modifications to the patented technology - include when the receiving party might be working on improvements
2. Publication Restrictions: Specific restrictions on publishing or disclosing information that might affect patent rights - important when dealing with academic institutions or researchers
3. Patent Prosecution: Provisions regarding cooperation in patent prosecution - relevant when the receiving party might be involved in patent filing process
4. Government Reporting: Requirements for reporting to government agencies - include when dealing with regulated industries or government contracts
5. Export Control: Compliance with export control laws - necessary when the technology has potential cross-border implications
6. Competing Activities: Restrictions on developing competing technologies - include when there's a risk of competitive development
7. Residual Knowledge: Provisions regarding use of residual knowledge - important when receiving party is in related technical field
1. Schedule A - Description of Patent/Patent Application: Detailed description of the patent or patent application, including application numbers and key claims
2. Schedule B - Specific Confidential Information: Itemized list of specific confidential information being disclosed
3. Schedule C - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
4. Schedule D - Security Protocols: Specific security measures and protocols for handling the confidential information
5. Appendix 1 - Form of Confidentiality Agreement: Template confidentiality agreement for authorized representatives to sign
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