What guarantees me the confidentiality of my invention?

July 3rd, 2022

An invention always begins with an idea that emerges, a moment of creativity, a discussion between friends or a draft scribbled on a sheet of paper. The process that precedes the official protection of a creation, however, requires a little more work. The following article will give you information related to the confidentiality of your inventions. How can you be sure to have the guarantee that your invention is protected?

The confidentiality agreement

A confidentiality agreement or nondisclosure agreement is a contract between 2 or more parties ensuring the maintenance of confidentiality surrounding your invention. In this type of agreement, at least 1 of the parties agrees to keep certain confidential information that has been disclosed by one or more other parties. In other words, the parties promise to keep the information secret and not to disclose it to anyone else. This type of non-disclosure agreement ensures that the parties involved (employees, contractors, or others) respect the confidentiality surrounding your invention. Confidentiality or nondisclosure agreements are especially essential to preserve the value of trade secrets and inventions that do not yet enjoy official protection. Never disclose an idea that is not adequately protected even though Canada provides a 12-month grace period, other countries do not agree to patent inventions that have already been revealed.

What is a trade secret?

A trade secret is any valuable information that has commercial value because of its confidential nature. Trade secrets can also help to ensure that an invention is not disclosed before the application for a patent or registration. It is therefore important to create files to document the protection. To ensure secrecy is maintained, employ policies and procedures to prevent data theft. This is to protect access to information and thus to guard against the violation of trade secrets. Use a tracking system to know who is accessing confidential information, for how long and when! This will significantly reduce the possibility of becoming a victim of information theft. This type of tracking can also be useful in the event of an investigation. This demonstrates that you have taken active steps to protect yourself against data theft. Also be sure to encrypt access to sensitive data and only give access to people with the correct permission. Also, limit the number of people who have access to the information. 

Intellectual property title

To obtain intellectual property title, you can also go to professionals, complete, and sign a confidential disclosure form.Following the consultation, an acknowledgment of receipt of the form signed and dated by a professional will be given to you. By signing and dating this type of disclosure form, you automatically have witnesses, attesting to a confidentiality agreement. In any case, do not hesitate to discuss with a professional. He will be able to guide you through the steps towards protecting your inventions.