Our advice
Prerequisites for drafting a confidentiality agreement
Practical sheet REF: FIC0479 V1
Our advice
Prerequisites for drafting a confidentiality agreement

Author : Charlotte MONTAUD

Publication date: June 10, 2022 | Lire en français

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4. Our advice

4.1 Control your communications/disclosures

It is advisable to disclose the content of a patented invention only after signing a confidentiality agreement, if the application has not yet been published (publication takes place 18 months after filing). This has two advantages:

  • you preserve the possibility of patenting improvements to your initial invention, without the disclosure of the initial invention being enforceable against them;

  • you retain a competitive advantage, because during this period your invention is protected, but your competitors do not know what you have protected (period of obscurity inherent in the patent system); this is why you should think carefully before communicating the claims...

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