These agreements basically fall into three categories. Non disclosure agreements, non-disclosure/non-compete agreements, and inventor/mechanic non-disclosure/non-compete agreements.
What are the differences?
If you are using the services of a prototyper, an inventor/mechanic agreement would be the one for you. It includes special language speciafically relating to the relationship between the prototyper, and the inventor. Therefore it offeres the best protection in this circumstance.
If you are sending this invention to a prospective manufacturer, you had better choose the non-disclosure/non-compete agreement with them. It is the only one that will protect you from disclosure, and unauthorized use.
If you want to show the invention to a friend or family member, with good reason or not, try to get them to sign a non-disclosure agreement. You know they won't steal it, this just legally says they are not supposed to talk about it, and therefore makes them less likely to do so.
A Non-Disclosure Agreement Says Basically:
That the signer agrees not to disclose the information disclosed to them. This information will be held confidentail until one of a few conditions are met. These include, permission from the inventor to disclose the information. The information becomes known to the signer by some other means, not affiliated in any way with the inventor (another source) or, the information becomes publicly know because the inventor makes it public, or someone else make it public.
A Non Disclosure/Non-Compete Agreement Says Basically:
The exact same thing as the NDA, only with the addition that they will not attempt to produce, or profit from the production of said information without express permission from the inventor. This also includes "assigning" right to any innovation suggested, added, or otherwise proposed to the inventor, by the signer reguarding the said information.
An Inventor/Mechanic Agreement Says Basically
Everything you will find in a non-disclosure/non-compete agreement, with special additions specifiaclly designed for the situations of the prototyper or the inventor. For instance, the prototyper is not bound to confidentiality from discussing the device with other technitions in his shop. Any tooling neccessary is kept by the shop for re-use etc.
There are many different types of simple legal agreements signed between business partners in this business. You can write one up yourself that matches your particular needs, and those of the persons you are working with. After you have seen a couple of them, you get the basic idea. |