An NDA preserves the confidentiality of information in order to maintain its value (Raess & Morton, 2018). NDA’s are often for around 5 years in the life sciences. Many NDAs are between an employer and an employee but may also be used for communications with suppliers, potential customers, consultants, etc. NDAs need to be tailored to each biotechnology, including terms such as “purpose” of the technology and the “confidential information” being protected. If too broad or ambiguous, an NDA may unnecessarily over-limit what you can talk about. Confidentiality may be one-way or two-way, depending upon whether both parties agree to keep confidentiality. For example, a one-way agreement may be most appropriate for communicating with a biotechnology supplier.
NDAs are enforceable if they are contracts. Because they are civil contracts, breaking them is generally not a crime, but someone who breaks an NDA can be sued and required to pay financial damages and costs (Johnson, 2020). Continued use of NDAs is recommended even after obtaining a patent.
Patent/Invention NDA Template – A template for writing a non-disclosure agreement, by Eforms.