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Non Disclosure Agreement For Invention for Germany

Non Disclosure Agreement For Invention Template for Germany

A comprehensive Non-Disclosure Agreement (NDA) governed by German law, specifically designed to protect confidential information relating to inventions. This document incorporates requirements from the German Trade Secrets Act (GeschGehG), German Civil Code (BGB), and German Patent Act (PatG). It provides robust protection for technical innovations, research findings, and potential patentable inventions while ensuring compliance with German legal standards for trade secret protection. The agreement includes specific provisions for technical data protection, pre-patent confidentiality, and invention-related information handling, making it suitable for both commercial and research contexts.

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Non Disclosure Agreement For Invention

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What is a Non Disclosure Agreement For Invention?

This Non-Disclosure Agreement For Invention is essential when parties need to share sensitive technical information, innovative concepts, or potential patentable inventions in Germany. It's particularly crucial in pre-patent filing situations where maintaining confidentiality is vital for future patent rights. The document complies with German legal requirements, including the German Trade Secrets Act (GeschGehG) and Patent Act (PatG), providing comprehensive protection for technical and scientific innovations. It's commonly used in research collaborations, technology transfers, industrial partnerships, and during investment discussions where novel technical solutions or inventions need to be disclosed. The agreement includes specific provisions for handling technical documentation, prototypes, test results, and other invention-related confidential information, while incorporating German-specific legal protections and enforcement mechanisms.

What sections should be included in a Non Disclosure Agreement For Invention?

1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details

2. Background: Context of the disclosure, nature of the invention, and purpose of the agreement

3. Definitions: Definitions of key terms including 'Confidential Information', 'Invention', 'Technical Information', 'Trade Secrets', and 'Permitted Purpose'

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 Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Protection Measures: Specific security measures required to protect the confidential information as per German Trade Secrets Act

8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination or request

9. Duration and Termination: Term of the agreement and survival of obligations post-termination

10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

What sections are optional to include in a Non Disclosure Agreement For Invention?

1. Employee and Contractor Obligations: Additional provisions when the receiving party needs to share information with employees or contractors

2. Patent Rights: Specific provisions regarding patent rights when the invention may be subject to patent protection

3. Prior Art Exclusion: Provisions excluding certain information from confidentiality if it constitutes prior art

4. Data Protection: GDPR compliance provisions when personal data is involved

5. Non-Competition: Restrictions on competitive activities, subject to German competition law limitations

6. Severability Clause: Specific German law salvatory clause (salvatorische Klausel)

What schedules should be included in a Non Disclosure Agreement For Invention?

1. Schedule 1 - Description of Invention: Detailed technical description of the invention subject to confidentiality

2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access the confidential information

3. Schedule 3 - Security Measures: Specific technical and organizational measures required to protect the confidential information

4. Schedule 4 - Disclosure Log: Template for recording all disclosures of confidential information

5. Appendix A - Form of Acknowledgment: Template for acknowledgment of confidentiality obligations by employees or contractors

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions









































Clauses






























Relevant Industries

Technology

Manufacturing

Biotechnology

Pharmaceuticals

Engineering

Electronics

Chemical Industry

Software Development

Medical Devices

Automotive

Aerospace

Clean Technology

Industrial Automation

Research & Development

Academic Research

Relevant Teams

Legal

Research & Development

Intellectual Property

Engineering

Product Development

Innovation

Technology Transfer

Scientific Affairs

Patent Administration

Corporate Development

Technical Operations

Relevant Roles

Chief Technology Officer

Research Director

Patent Attorney

Innovation Manager

R&D Manager

Technical Director

Chief Scientific Officer

Intellectual Property Manager

Product Development Manager

Laboratory Director

Head of Engineering

Industrial Designer

Technology Transfer Officer

Investment Manager

Legal Counsel

Research Scientist

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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