The Employee Intellectual Property Assignment Agreement is essential for companies that rely on innovation, creative works, or proprietary information. This agreement clarifies ownership rights from the outset of employment, preventing future disputes over intellectual property ownership. It's particularly crucial in the United States, where different states have varying requirements for IP assignment, such as California's Labor Code 喔⑧竾 2870. The agreement typically covers inventions, copyrightable works, trade secrets, and other forms of intellectual property created during employment, while respecting state-specific limitations on employer claims to employee innovations developed outside of work.
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1. Parties: Identifies the employer and employee entering into the agreement
2. Background/Recitals: States the context and purpose of the agreement
3. Definitions: Defines key terms including 'Intellectual Property', 'Inventions', 'Works', etc.
4. Assignment of Rights: Core provision transferring IP rights from employee to employer
5. Scope of Employment: Defines what constitutes work within employment
6. Disclosure Obligations: Employee's duty to disclose inventions and works
7. Assistance with Protection: Employee's obligation to help secure and protect IP rights
8. Moral Rights: Waiver of moral rights where applicable
1. Prior Inventions: Section for listing and excluding pre-existing IP owned by employee from the scope of assignment
2. State-Specific Carve-outs: Special provisions required by specific state laws regarding IP assignment restrictions
3. Third Party IP: Provisions governing the handling of third-party intellectual property in the course of employment
4. Post-Employment Obligations: Provisions covering ongoing duties and obligations after employment ends regarding IP protection
1. Schedule A - Prior Inventions: Detailed list and description of employee's pre-existing intellectual property
2. Schedule B - State Law Notices: Required statutory notices and acknowledgments for specific states
3. Schedule C - Form of Invention Disclosure: Template form for reporting and documenting new inventions
4. Schedule D - Excluded Inventions: List of inventions specifically excluded from assignment under state law requirements
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