One of the requirements of inventions’ patentability is novelty. To be regarded as new, generally, an invention cannot be disclosed or made available to others before the date on which an application was filed. Moreover, there are some types of information that are not patentable, such as methods and many forms of know-how, which may only be protected if they are kept confidential.

However, such inventions and information can be disclosed to others if under confidence. A NDA is the tool that allows confidentiality obligations to be in place. Indeed, a NDA is a written agreement that establishes the conditions under which information or ideas are disclosed in confidence.

To see a checklist of the most common issues that should be considered when drafting such an agreement, please click here.