Employee Intellectual Property Assignment Agreement - Long Form
Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms
Employee Intellectual Property Assignment Agreement which effectively assigns any discoveries or intellectual property to an employer. This agreement sets out that all work created while employed is considered a "work for hire."
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This Comprehensive Employee Intellectual Property Assignment Agreement includes:
- Disclosure/Assignment: Employee agrees to promptly disclose to employer any ideas, designs, processes or inventions related to his/her employment regardless of their protection under intellectual property acts. Employee agrees assign these ideas, etc. to employer and will sign any necessary paperwork;
- Ownership of Intellectual Property: All intellectual property rights will be treated as "work for hire" and ownership will belong to employer;
- Pre-existing Rights: Employee sets out any intellectual property discovered prior to employment in which rights may be claimed;
- Proprietary Information: Employee agrees to keep all proprietary information owned by employer as confidential and will use this information only for the employer's benefit;
- Term: Sets out that this agreement will remain as long as the employee is employed by employer;
- Signature: Employee must sign and date this agreement in the presence of a witness.
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- Comprehensive Employee Intellectual Property Assignment Agreement
Employee Intellectual Property Assignment Agreement - Long Form
Product Details
| Product | Employee Intellectual Property Assignment Agreement - Long Form |
| Country | United States |
| Pages | 9 |
| Dimensions | Designed for Letter Size (8.5" x 11") |
| Printer compatibility | Designed to print on all ink-jet and laser printers |
| Editable | Yes (.doc, .wpd and .rtf) |
| Format |
Microsoft Word Adobe PDF WordPerfect Rich Text Format |
| Platform |
Windows Compatible Mac Compatible Linux Compatible |
| Availability | In Stock. Instant Download |
| Usage | Unlimited number of prints |
| Category | Employee Intellectual Property Assignment Agreement (Long Form) |
| Product number | #43643 |
| Download time | Less than 1 minute (approx.) |
| Document Access |
Via secret online address Email with download links Email with attachment upon request |
| Refund Policy | 60 days, no-questions asked, 100% money back guarantee |
Frequently Asked Questions
An Employee Intellectual Property Assignment Agreement is a legal document that outlines the terms under which an employee assigns any intellectual property rights they develop during their employment to their employer. This ensures that the employer retains ownership of any inventions or discoveries made in the course of employment.
Having this agreement is crucial for employers to protect their intellectual property and ensure that any innovations created by employees are legally owned by the company. It also clarifies the expectations for employees regarding the disclosure of inventions and confidentiality.
'Work for hire' refers to a legal doctrine that states that any work created by an employee within the scope of their employment is owned by the employer. This means that the employer has all rights to the work, including copyrights and patents.
Typically, an employee cannot claim rights to inventions made during employment if they have signed an Employee Intellectual Property Assignment Agreement. The agreement usually stipulates that all relevant intellectual property rights are assigned to the employer.
If an employee fails to disclose an invention as required by the agreement, they may be in breach of contract. This could lead to legal consequences, including the employer potentially seeking damages or other remedies.
Yes, this agreement is designed to comply with the laws of all states. However, specific enforceability may vary based on state laws regarding employment and intellectual property.
Employees should disclose any pre-existing intellectual property in the agreement to clarify ownership rights. This ensures that both parties understand what intellectual property is not subject to the assignment.
Yes, the agreement can be modified if both parties agree to the changes in writing. It is advisable to consult legal counsel before making any modifications to ensure compliance with applicable laws.
Is This Form Right For You?
Use This Form If:
- Employers seeking to protect their intellectual property can utilize this agreement to ensure that any inventions or discoveries made by employees during their employment are legally assigned to the company. This is crucial for businesses that rely heavily on innovation and want to safeguard their competitive edge.
- Individuals who are starting a new job in a tech or creative field may need this agreement to clarify their rights regarding any intellectual property they create while employed. Understanding the implications of 'work for hire' can help them navigate their contributions and potential future claims.
- Companies undergoing mergers or acquisitions may require employees to sign this agreement to ensure that all intellectual property developed during their tenure is accounted for and remains with the company post-transition. This protects the value of the business during significant structural changes.
- Startups often use this agreement to establish clear ownership of intellectual property from the outset, which is essential for attracting investors. By having employees sign this document, startups can demonstrate that they have taken steps to protect their innovations.
- Organizations looking to enforce confidentiality and proprietary information clauses can implement this agreement as part of their employment contracts. This helps in maintaining trade secrets and sensitive information that could otherwise be disclosed.
Do Not Use If:
- – This agreement is not appropriate for independent contractors who are not classified as employees. Independent contractors typically retain ownership of their work unless otherwise specified in a separate contract.
- – If the employee is not creating any intellectual property relevant to the employer's business, this agreement may not be necessary. For example, if the employee's role does not involve innovation or creative work, the agreement may be redundant.
- – In situations where the employee has significant pre-existing intellectual property that is unrelated to their employment, this agreement may not be suitable without proper disclosures. Employees should clarify their rights regarding any prior inventions or works.
- – If the employer does not have a clear interest in the employee's potential inventions or discoveries, implementing this agreement may not be warranted. Companies should assess their need for such protections based on their business model.
- – This agreement should not be used in jurisdictions where specific laws limit the enforceability of intellectual property assignments. Employers must ensure compliance with local laws to avoid legal issues.
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