Sibanda & Zantwijk

Confidentiality undertaking in respect of an invention that you intend to patent:

Before disclosing your invention to a possible commercialisation partner (“the recipient”), you should either:

(a) ensure that the recipient signs two copies of the confidentiality undertaking below (a copy to be kept

     by each party); or

(b) file a provisional patent application describing your invention.

The second option (i.e. filing a provisional patent application) is preferable. However, to file a provisional patent application will cost approximately R8,000 and delay the disclosure by approximately two weeks.

Alternatively, signature of the confidentiality undertaking below should protect you to some extent against unauthorised disclosure or use of your invention by the recipient. In addition, if the recipient does disclose the invention without your permission, you will thereby have reserved your right immediately thereafter to file a patent in respect of the invention. The only drawback is that you will need to prove that such unauthorised disclosure originated from the recipient. This is why this option is less attractive than option (b) above.

The confidentiality undertaking is copied below: