This Invention NDA is essential for situations where parties need to share sensitive technical information, innovative concepts, or potential patentable inventions while maintaining strict confidentiality under German law. The document is particularly crucial in pre-patent filing stages, during technical collaboration discussions, or when exploring commercial opportunities for new innovations. It includes specific provisions addressing the unique aspects of invention protection under German legislation, including compliance with the German Trade Secrets Act (GeschGehG) and the German Act on Employees' Inventions (ArbnErfG). The agreement is designed to protect both the disclosing party's intellectual property rights and the receiving party's obligations regarding the handling of sensitive technical information.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, including the purpose of sharing invention-related information
3. Definitions: Key terms including 'Confidential Information', 'Invention', 'Technical Information', 'Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to the invention
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Use and Disclosure: Specific permitted purposes for using the confidential information and conditions for authorized disclosure
7. Protection of Invention Rights: Specific provisions protecting potential patent rights and other intellectual property related to the invention
8. Duration of Obligations: Time period for confidentiality obligations and any surviving obligations
9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available legal remedies including provisions for injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Employee and Contractor Obligations: Additional provisions for when receiving party needs to share information with employees or contractors
2. Patent Filing Procedures: Include when there's potential for patent applications to be filed
3. Prior Inventions Exclusion: Section excluding specific pre-existing inventions from the scope of the agreement
4. Competing Activities: Restrictions on development of similar inventions, if applicable
5. Export Control: Include when invention involves technology subject to export control regulations
6. Joint Development: Include when parties may collaborate on further development of the invention
7. Residual Knowledge: Optional clause addressing use of general knowledge and experience gained
1. Schedule 1 - Description of Invention: Detailed technical description of the invention and related confidential information
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
3. Schedule 3 - Security Procedures: Specific security measures and protocols for handling the confidential information
4. Appendix A - Confirmation of Return/Destruction: Template form for confirming return or destruction of confidential information
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