START-UPS

For when our free simple-format NDA is not appropriate to your circumstances.

It is essential to maintain the confidentiality of IP until your protection strategy has been determined and implemented. Premature disclosure of inventions without the protection of a confidentiality agreement may undermine your ability to obtain patent protection. Confidentiality Agreements are therefore used by start-ups while negotiating with potential service providers, collaborators, and potential investors.

We can prepare customised NDAs for your specific circumstances.  These might be where you wish to specify the confidential information in more detail, or to include more rigorous obligations on the recipient as to return or destruction of confidential information, and data breaches.  In the case of reciprocal agreements, terms that apply equally to both parties may not be appropriate if the start-up is disclosing more, or more valuable, confidential information.

The purpose of this Deed is to transfer existing and future IP rights from the inventor/founder to the start-up. This is important not only for investment purposes but also to ensure the correct applicant is specified in future patent filings (thus avoiding a potential challenge to validity on the grounds that the applicant has no right to make the application).

A correctly drafted Services Agreement ensures that the start-up retains or acquires all essential IP rights created by service providers (such as contract developers or analytical service providers), along with appropriate rights regarding service quality, fees, confidentiality and potential disputes.

Depending on the circumstances, Services Agreements may be short-form or more complex.

A Research Collaboration Agreement is used when a start-up looks to partner with a university or similar organisation for a specific research project. For organisations, particularly SMEs, that do not have any experience of working with universities, it is important that both parties clearly set out their respective contributions as part of a documented plan for the research project. As always, the agreement will be important for clearly establishing the IP rights of both parties.

A Research Services Agreement outlines the terms on which a research organisation is engaged to provide research services. The agreement should set out a clear plan for the research services, describing the research activities to be provided, the aims of the research, any milestones, whether any particular personnel are to provide the services, and the expected results. It should also deal clearly with the ownership of background IP and project IP created.

Start-ups often lack the essential tools and processes to understand and effectively identify, capture and manage their intangible assets. Our IP management toolkit contains some key tools and templates which enable a more proactive approach to IP management and includes an Invention Disclosure Document (IDD), an IDD Guidance Document, an IP Protection Options Flowsheet, and some guide notes about the main fields and details that should be included in an appropriate IP Register.