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Nondisclosure Agreement for Receipt of Proprietary Information by NIST |
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Purpose |
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| A NIST Nondisclosure Agreement is used when NIST personnel are going to be receiving proprietary information from external organizations. The Nondisclosure Agreement defines the treatment of this proprietary information by NIST under terms that are acceptable to NIST and the discloser. | ||||
| Policy | ||||
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It is NIST policy to encourage the exchange of scientific and technical information. However, it is also NIST policy to decline the receipt of proprietary information unless it is absolutely necessary. If it is necessary, a Cooperative Research and Development Agreement (CRADA) or Nondisclosure Agreement must be fully in place before you can receive the proprietary information. It is the responsibility of NIST personnel receiving such information to know whether information is proprietary. Consequently, you must request advance notice of the possible disclosure of an organization's proprietary information if a discussion and/or meeting is to be held with the organization. If a CRADA or Nondisclosure Agreement has not been executed, you should be prepared to decline receipt of proprietary information (oral or written) and/or exit a meeting if the organization insists on disclosing such information. |
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| Procedure | ||||
| NIST personnel should not use the "Receipt of Proprietary Information Form" without prior consultation with the Counsel for NIST. | ||||
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1.
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Obtain a copy of the NIST Nondisclosure Agreement for Receipt of Proprietary Information from the Counsel for NIST. (If a Nondisclosure Agreement other that the NIST model Nondisclosure Agreement is to be used, have the Counsel for NIST review it before signing. Use of the NIST Agreement is strongly encouraged and will expedite the process.) | |||
| 2. | Complete the information requested in the Nondisclosure Agreement and have all NIST recipients sign the Agreement. | |||
| 3. | Provide the Nondisclosure Agreement first to your Laboratory Director through your Division Chief, along with a memo containing the following information: The name of the organization disclosing the proprietary information to NIST. A description of the subject matter to be disclosed along with an explanation of why the owner of the information wishes to disclose it to NIST. Also, describe why it is in the best interest of NIST to receive the proprietary information. The impact or consequences if NIST decides not to receive the proprietary information. Whether or not the proprietary information is related to a CRADA. A statement as to whether the proprietary information relates to any NIST owned invention that has not yet been disclosed or a NIST owned invention that has been disclosed but not yet filed with the Patent and Trademark Office. The names of the NIST recipient(s). The proposed date of the requested disclosure. A statement as to whether the standard NIST Nondisclosure Agreement or one provided by the discloser will be used. If the latter, provide written clearance from the Counsel for NIST. Forward the Agreement to the organization providing the proprietary information for signature. | |||
| 4. | Forward a copy of the fully signed Nondisclosure Agreement to the Counsel for NIST and your Laboratory Director. Keep a copy in your files. | |||
| 5. | Give the Division Chief custody of the disclosed proprietary information, such that it is held under lock and key when not in actual use. | |||
| Examples of Use | ||||
| NIST personnel should not use the "Receipt of Proprietary Information Form" without prior consultation with the Counsel for NIST. | ||||
| Example 1: You are planning a visit to NEWCO to tour its production facilities. NEWCO staff will also be providing you with an update on their work on a new technique for nondestructively testing composite materials. | ||||
| Example 2: NEWCO personnel have begun early stage proprietary research involving laser catalyzed polymerization. They have identified several potential safety issues and they want to visit your lab to present their findings and concerns. Their presentation will contain proprietary R & D information. | ||||
| FAQs | ||||
| Q. | Scientific information is traditionally traded freely among researchers. Why is NIST concerned about proprietary information? | |||
| Q. | Can I share proprietary information with NIST colleagues in another division engaged in similar research? | |||
| Q. | Is a separate Nondisclosure Agreement needed to receive proprietary information under a CRADA? | |||
| Sample Forms | ||||
Forms in PDF format 
require *Adobe Acrobat Reader to view and print. This software may be downloaded
without charge. If Adobe Acrobat Reader is not accessible, you may request
a paper copy from the Webmaster. Forms
may be downloaded and distributed. |
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Receipt
of Proprietary Information by NIST |
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"Due Diligence" Questions for Disclosure of Information to NIST | |||
| See Also | ||||
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NIST Receives Confidential Information | |||
| Related Links | ||||
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The Trade Secrets Act | |||
| Point of Contact | ||||
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Office of the NIST Counsel (301) 975-2803 | |||
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* Adobe Acrobat Reader is identified in order to assist users of this information service. In no case does such identification imply recommendation or endorsement by the National Institute of Standards and Technology. |
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For technical questions concerning the Office of Technology Partnerships, contact us: Office of Technology Partnerships,
NIST, 100 Bureau Drive, Stop 2200, Gaithersburg, MD 20899-2200 Website Comments: otpweb@nist.gov Created: February 2002 Privacy Statement / Security Notice / Accessibility Statement | Disclaimer | FOIA |
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