Confidential Disclosure Agreements
A Confidential Disclosure Agreement (CDA) or Nondisclosure Agreement (NDA) is a contract between a party planning to disclose confidential or proprietary information to a third party and provides a legal framework to protect the disclosed information. Sometimes, a CDA may be a two-way (also called mutual) agreement, covering information disclosed by either party. The CDA specifies how the receiving party/parties will protect and use the information. CDAs are sometimes referred to as nondisclosure or secrecy agreements, emphasizing the recipient's handling of the information as confidential.
What are confidentiality agreements for?
A CDA serves three purposes:
- Alerts the receiving party to the confidentiality of the information.
- Specifies the responsibilities required of the receiving party.
- Can be used as evidence in subsequent patent processing - e.g., to defeat an allegation that the invention is not novel because the inventor treated it as public information. This kind of allegation arises frequently from those contesting a potentially lucrative patent, so a CDA is more than a "mere formality."
How do I execute CDA/NDAs and Material Transfer Agreements (MTAs)?
All new confidentiality and material transfer agreement requests are routed through the Clinical Research Administration Office (CRAO), and not through CU Innovations. CRAO host a web-based portal through which you can submit a request for a new agreement, or review of an agreement. For amendments to existing MTAs or CDAs/NDAs, please send the associated documents and information to the following email address: CRAO.
If you have any questions, please contact: CRAO