independent development
Definition
Independent development refers to a situation where someone creates a product, idea, or piece of work entirely on their own without using anyone else's confidential information or trade secrets. If two people come up with the same idea completely separately, neither one can claim the other stole it. This concept often comes up in contracts where a company wants to protect itself by proving its new work came from its own brain power rather than from secrets it learned through a business relationship.
Example
Your software vendor signs a confidentiality agreement with you, but later releases a feature that looks a lot like your proprietary process, and they defend themselves by showing internal documents proving their engineers developed the same idea months before ever meeting you.
Watch Out
Always keep detailed records of your creative and development process, including dated notes and emails, so you can prove when and how you came up with your own ideas if someone ever challenges you.
See which terms appear in your contract?
This definition is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal guidance.