In many cases it is necessary for ARS to share certain confidential information with a company to determine if there is sufficient mutual interest to proceed with either a Cooperative Research and Development Agreement (CRADA) and/or a patent license. A Confidentiality Agreement is used to ensure that a company will not disclose confidential information to anyone else or use the information for any other purposes than determining if sufficient mutual interest exists to proceed with the development of CRADA or patent license.

In most cases, a Confidentiality Agreement with a company can be entered into by the ARS scientist and the respective company official. In other cases, it may be necessary for the ARS Technology Transfer Coordinator or Patent Licensing official to enter into a confidentiality agreement. A Confidentiality Agreement between ARS and the private sector remains in effect for two years, unless it is superseded by the confidentiality terms found in a CRADA and/or Patent License.

A Confidentiality Agreement can be obtained from an ARS Technology Transfer Coordinator. Specific terms of Confidentiality Agreements are detailed in several generic forms.