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Invention Assignment Agreement

Invention Assignment Agreement Template for Austria

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Key Requirements PROMPT example:

Invention Assignment Agreement

"I need an Invention Assignment Agreement under Austrian law for a software encryption technology developed by our senior developer, with rights to be assigned to our company while allowing the inventor to use the technology for academic research purposes."

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Document background
An Invention Assignment Agreement is a crucial legal document used in Austria when an inventor needs to formally transfer their rights in an invention to another party, most commonly their employer. This agreement is particularly important in the context of Austrian employment relationships, where specific legal requirements exist regarding employee inventions, mandatory compensation, and invention disclosure procedures. The document ensures compliance with the Austrian Patent Act (Patentgesetz) and related employment laws while protecting both the inventor's rights to fair compensation and the assignee's interests in securing intellectual property rights. The agreement typically includes detailed descriptions of the invention, assignment terms, cooperation requirements for patent applications, and confidentiality provisions. It's essential for companies engaged in research and development, technical innovation, or any field where novel inventions may arise from employee work.
Suggested Sections

1. Parties: Identification of the assignor (inventor) and assignee (company), including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the assignment

3. Definitions: Key terms including 'Invention', 'Intellectual Property Rights', 'Documentation', and 'Confidential Information'

4. Scope of Invention: Detailed description of the invention(s) being assigned

5. Assignment: Express assignment of all rights, title, and interest in the invention

6. Inventor's Obligations: Obligations to assist with patent applications, documentation, and further actions

7. Compensation: Terms of payment or consideration for the assignment, in compliance with Austrian law

8. Representations and Warranties: Inventor's confirmations regarding ownership, originality, and right to assign

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Data Protection: Provisions for handling personal data in compliance with Austrian law

11. Further Assurance: Commitment to execute additional documents and assist with formalities

12. Governing Law and Jurisdiction: Specification of Austrian law and competent courts

13. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Employment Relationship: Additional provisions specific to employee-employer relationships, used when the inventor is an employee

2. Multiple Inventors: Special provisions for cases involving multiple inventors and joint ownership

3. International Rights: Additional provisions for international patent filings and foreign jurisdictions

4. Future Inventions: Provisions for handling future improvements or related inventions

5. Non-Competition: Restrictions on competitive activities, subject to Austrian competition law limitations

6. University/Research Institution Rights: Special provisions when invention was created in academic/research context

7. Third Party Rights: Provisions addressing any existing third party rights or licenses

Suggested Schedules

1. Schedule 1 - Invention Description: Detailed technical description of the invention, including any drawings or specifications

2. Schedule 2 - Existing Patents/Applications: List of any existing patent applications or granted patents related to the invention

3. Schedule 3 - Compensation Details: Detailed breakdown of compensation structure and payment terms

4. Schedule 4 - Required Documentation: List of all technical documentation, know-how, and other materials to be transferred

5. Appendix A - Invention Disclosure Form: Standard form for documenting technical details of the invention

6. Appendix B - Assignment Confirmation: Form for confirming assignment execution for patent office purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Engineering

Chemical Industry

Software Development

Medical Devices

Automotive

Electronics

Research and Development

Aerospace

Industrial Design

Clean Technology

Telecommunications

Relevant Teams

Legal

Research and Development

Innovation

Intellectual Property

Human Resources

Engineering

Product Development

Technical Operations

Scientific Affairs

Patent Administration

Corporate Development

Technology Transfer

Relevant Roles

Research Scientist

Development Engineer

Technical Director

Innovation Manager

R&D Manager

Patent Attorney

Legal Counsel

Chief Technology Officer

Laboratory Manager

Product Development Manager

Senior Engineer

Research Director

Industrial Designer

Software Architect

Process Engineer

Intellectual Property Manager

Technical Lead

Chief Scientific Officer

Industries
Austrian Patent Act (Patentgesetz): Governs patent rights and includes specific provisions for employee inventions, including notification requirements and compensation rules
Austrian Employment Contract Law Adaptation Act (Arbeitsvertragsrechts-Anpassungsgesetz): Contains provisions regarding employment contracts and intellectual property rights in employment relationships
Austrian Civil Code (ABGB): Provides the fundamental principles of contract law and obligations between parties
Austrian Data Protection Act (Datenschutzgesetz): Regulates the handling of personal data and privacy protection in contractual relationships
Austrian Trade Secret Protection Act (Geschäftsgeheimnis-Gesetz): Protects confidential business information and know-how in commercial relationships
Austrian Competition Law (Kartellgesetz): Contains provisions regarding non-compete clauses and restrictions on competitive activities
Austrian Employee Invention Compensation Act (Arbeitnehmererfindungsvergütungsgesetz): Regulates fair compensation for employees' inventions and innovations made during employment
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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