Assignment of Pre-Employment Works

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This Assignment of Pre-Employment Works effectively assigns an employee's rights in a work as a condition of his/her employment. This assignment sets forth the specific assignment terms including the title of the work, such as a software program or invention, and any associated intellectual property.

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This Assignment of Pre-Employment Works will effectively assign the rights in an invention or other type of intellectual property created prior to entering into an employment relationship. This assignment contains the names of the company (employer) and the assignor (employee) and sets forth that the assignment of the works are a condition of employee's employment. It also sets out the title of the work to be assigned (i.e. software program) and any intellectual property rights associated with the work (i.e. copyrights, patents or trademarks). Additionally, this assignment sets forth that no licenses have been granted for use of the pre-employment work. A written Assignment of Pre-Employment Works will prove invaluable in the event of disagreements, misunderstandings or litigation surrounding the ownership of an invention or other types of intellectual property.

This Assignment of Pre-Employment Works includes the following:
  • Parties: Names of the employer and employee who agrees to assign the rights;
  • Assignment of Rights: Sets forth that the assignment of rights is a condition of employee's employment with the company;
  • Work Assigned: Detailed description and title of the works to be assigned and other items associated with the assigned work;
  • Licenses: Employee confirms that there are no license agreements associated with the work;
  • Signatures: This assignment must be signed in front of a witness by both employer and employee.

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This attorney-prepared packet contains:
  1. General Instructions
  2. Assignment of Pre-Employment Works
State Law Compliance: This form complies with the laws of all states
Number of Pages3
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28558
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Assignment of Pre-Employment Works


THIS ASSIGNMENT made as of       between      , of       (the “Company”) and      , of       ( the “Assignor”).
WHEREAS the Assignor and the Company have entered into or are about to enter into an employment relationship for their mutual benefit;
AND WHEREAS as a condition of entering into and/or continuing such employment relationship, the Company has required that the Assignor enter into this Agreement;
NOW THEREFORE IN CONSIDERATION OF the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1.   The Assignor hereby grants, transfers, conveys, and assigns to the Company, its successors and assigns, all rights to, interests in, and titles to all work and materials relating to State work whose title is to be transferred (ie. the Assignors software known as "The Y2K Bug Doctor"), including any patents, copyrights, trade secrets, trademarks, licenses, logos, and all List other items (ie.source codes and documentation) associated therewith (collectively the “Works”).
2.   The Assignor hereby represents that  has not granted any licenses to use any of the Works to any persons, corporations, firms, or entities other than      . Such licenses are hereby transferred and assigned to the Company, its successors and assigns, and form part the Works.
3.   The exclusive transfers, conveyances, and assignments referred to in Paragraphs 1 and 2b) shall include (but not be limited to):
(a)   the rights to sell, reproduce, modify, create derivative works, publish, or make other use of the Works (and any subsequent additions, revisions, or modifications thereto) throughout the world, in any form, medium, or language;
(b)   the rights to license or otherwise transfer to others any rights related to the Works mentioned herein; and
(c)   the rights to file copyright and patent applications in  and throughout the world in the name of the Company, its successors and assigns.
4.   Upon the request of the Company, its successor or assigns, the Assignor hereby agrees to assist the Company, its successor and assigns, at the Companys expense,
(a)   to obtain for the Company, patents for the Works in any and all jurisdictions; and
(b)   in any controversy or legal proceeding relating to the Works, improvements, or discoveries, or to the patents resulting therefrom.
5.   The Assignor, represents that  has no agreement with or obligation to others in conflict with  obligations under this Agreement.
6.   The Assignor acknowledges that all restrictions in this Agreement are reasonable in the circumstances and hereby waives all defenses to the enforcement thereof by the Company. In the event that any provisions of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions shall be and remain in full force and effect and the Assignor hereby confers upon such court the power to replace such void or invalid provisions with such other enforceable and valid provisions as shall be as near as may be to the original in form and effect.
7.   The Assignor acknowledges that breach by  of the terms and conditions of this Agreement may cause irreparable harm to the Company which may not be compensable by monetary damages. Accordingly, the Assignor acknowledges that a breach by  of the terms and conditions of this Agreement shall be sufficient grounds for the granting of an injunction at the suit of the Company by a court of competent jurisdiction.
8.   This Agreement shall be governed by and construed in accordance with the laws of the  of State of Employer (ie. Washington).
9.   This Agreement is the entire agreement between the Assignor and the Company relating to the subject matter hereof and stands in the place of any previous agreement, whether oral or in writing. The Assignor agrees that no amendment to this Agreement shall be binding upon the parties unless it is in writing and executed by both parties.
10.   This Agreement will enure to the benefit of the successors and assigns of the Company.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first above written.
Name of Employer
Name of Employee

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