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Patent Non Disclosure Agreement Template for Australia

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Key Requirements PROMPT example:

Patent Non Disclosure Agreement

"I need a Patent Non-Disclosure Agreement for my biotech startup to share our pending patent information with a potential investor from Singapore, with extra security measures for cross-border information sharing and a confidentiality period extending to January 2025."

Document background
This Patent Non-Disclosure Agreement is designed for use in situations where parties need to share confidential information related to patents, patent applications, or potential patent applications in Australia. It is particularly crucial when discussing innovative technologies, sharing technical specifications, or exploring potential patent licensing or acquisition opportunities. The document ensures compliance with the Patents Act 1990 (Cth) and other relevant Australian legislation while providing robust protection for sensitive intellectual property. It should be used before any substantive discussions about patent-related information take place, whether in the context of potential collaboration, licensing, investment, or other business relationships. The agreement includes specific provisions addressing the unique aspects of patent-related information and the heightened confidentiality requirements associated with maintaining patent rights.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details

2. Background: Explains the context of the agreement, including the nature of the confidential patent information and the purpose of disclosure

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Patent Information', 'Permitted Purpose', etc.

4. Scope of Confidential Information: Clearly defines what constitutes confidential information, specifically relating to patent matters and associated intellectual property

5. Obligations of Confidentiality: Details the recipient's obligations regarding the use, storage, and protection of confidential information

6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and to whom

7. Security Measures: Outlines required security measures for protecting confidential information

8. Term and Termination: Specifies the duration of the agreement and circumstances for termination

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination

10. Breach and Remedies: Specifies consequences of breach and available remedies

11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Prior Disclosure: Used when there has been any disclosure of confidential information before the agreement's execution

2. International Protection: Include when patent information might be disclosed across multiple jurisdictions

3. Assignment and Sublicensing: Required when there's a need to address potential corporate restructuring or third-party involvement

4. Relationship of Parties: Important when clarifying that the agreement doesn't create additional relationships beyond confidentiality

5. Publicity and Announcements: Include when there's a need to control public statements about the relationship or patent information

6. Insurance Requirements: Used when requiring the recipient to maintain specific insurance coverage

7. Survival Clauses: Detailed provisions about which obligations survive termination

8. Third Party Rights: Include when the agreement needs to address rights of third parties under the agreement

Suggested Schedules

1. Schedule 1 - Description of Patent Information: Detailed description of the patent information being disclosed, including any patent applications or granted patents

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive and handle the confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling the confidential information

4. Schedule 4 - Disclosure Log: Template for recording all instances of permitted disclosure of the confidential information

5. Appendix A - Contact Details: Complete contact information for key personnel and notices

6. Appendix B - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized recipients or third parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































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Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Engineering

Healthcare

Electronics

Chemical Industry

Automotive

Aerospace

Research & Development

Clean Technology

Medical Devices

Software Development

Telecommunications

Relevant Teams

Legal

Intellectual Property

Research & Development

Executive Leadership

Business Development

Technology Transfer

Innovation

Product Development

Scientific Affairs

Corporate Development

Regulatory Affairs

Relevant Roles

Patent Attorney

Intellectual Property Counsel

Legal Counsel

Research Director

Chief Technology Officer

Innovation Manager

R&D Manager

Technical Director

IP Portfolio Manager

Business Development Manager

Chief Executive Officer

Chief Legal Officer

Technology Transfer Officer

Research Scientist

Product Development Manager

Licensing Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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