CONFIDENTIAL DISCLOSURE AGREEMENT
This Agreement is made by and between the Public Health Service
("PHS") and the company indicated below (hereinafter
"Company").
In consideration of receiving for review from PHS a copy of the U.S.
Patent Application(s) bearing the serial number(s) and title(s) indicated
below (hereinafter "Application(s)"), Company agrees as
follows:
1. Company agrees not to disclose any portion of the Application(s) to
any third party without prior written permission from PHS, shall use
reasonable care to maintain the confidentiality of the Application(s) with
at least the same degree of care as is exercised in respect of Company's
own proprietary information, and shall disclose the Application(s) only to
those of Company's employees who have a need to review the Application(s)
for the purposes specified in paragraph 4 below.
2. The following information categories are excluded from the
confidentiality obligation of Paragraph
1:
a. Information that was known to Company about the Application(s) prior
to their disclosure under this Agreement;
b. Information about the Application(s) that is or becomes generally
available to the public through no fault of Company;
c. Information about the Application(s) that is subsequently made
available to Company from any third party that is not under a
confidentiality obligation to PHS.
3. This Agreement does not grant any license rights under the
Application(s).
4. Company represents that the purpose of requesting the Application(s)
is only to assess interest in obtaining a license under the
Application(s). Company further represents that its request for the
Application(s) is not to form the basis for filing a patent application or
instituting any other proceeding in any patent office or court. Company
agrees not to use the information contained in the Application(s) except
for the purposes stated in this Agreement.
5. Company's obligations under this Agreement shall remain in effect
for seven (7) years from the date specified below.
6. Application(s) serial number(s) and title(s): U.S. Patent
Application Serial No.
" ," Our Ref.:
UNDERSTOOD AND ACCEPTED BY COMPANY:
COMPANY: _____________________________________
By: _____________________________________ Mailing Address:
_____________________________________
Authorized Signature
_____________________________________
_____________________________________
Typed or Printed Name and
Title_____________________________________
_____________________________________
_____________________________________
Date
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