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Invention Agreement

Invention Agreement Template for Belgium

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Key Requirements PROMPT example:

Invention Agreement

"I need an Invention Agreement under Belgian law for a biotech startup with 15 research scientists, covering both individual and team inventions, with particular focus on protecting our core IP in gene editing technology and ensuring proper compensation structures for successful patents."

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Document background
The Invention Agreement is a crucial legal document used in Belgium to establish clear rights and responsibilities regarding inventions created by employees or contractors. This agreement is essential for companies engaged in research, development, or any innovative activities where new inventions may arise. It must comply with Belgian patent law, the Belgian Code of Economic Law, and relevant EU regulations governing intellectual property rights. The agreement covers various types of inventions (service, dependent, and free inventions), specifies ownership rights, establishes compensation frameworks, and includes confidentiality provisions. It's particularly important in Belgium where specific legal requirements exist regarding inventor's rights and mandatory compensation for certain types of inventions. The document should be used at the commencement of any employment or contractual relationship where invention creation is possible or expected.
Suggested Sections

1. Parties: Identification of the contracting parties (inventor(s), company/employer, or other relevant parties)

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

3. Definitions: Definitions of key terms including 'Invention', 'Intellectual Property Rights', 'Service Invention', 'Dependent Invention', and other relevant terms

4. Scope of Agreement: Details of what types of inventions are covered under the agreement

5. Ownership of Inventions: Clear provisions on ownership rights of inventions, distinguishing between service inventions, dependent inventions, and free inventions

6. Disclosure and Documentation: Inventor's obligations to disclose and document inventions

7. Cooperation in Patent Process: Obligations regarding cooperation in patent applications and maintenance

8. Compensation: Terms of payment or compensation for inventions, including any additional remuneration for successful patents

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Term and Termination: Duration of the agreement and conditions for termination

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Pre-Existing Inventions: Section excluding prior inventions from the agreement, used when inventor has existing intellectual property

2. University or Research Institution Rights: Required when inventor has obligations to academic institutions

3. Shop Rights: Used when employer needs non-exclusive rights to use inventions without ownership

4. International Protection: Included when international patent protection is anticipated

5. Collaborative Development: Required when inventions may be developed with other parties

6. Competition Restrictions: Non-compete provisions, if applicable under Belgian law

7. Alternative Dispute Resolution: Mediation or arbitration procedures, if preferred over court proceedings

8. Assignment Rights: Terms for transferring rights to third parties, if permitted

Suggested Schedules

1. Schedule 1 - Technical Field Description: Detailed description of technical field or area of invention covered

2. Schedule 2 - Pre-Existing Inventions: List and description of any excluded pre-existing inventions

3. Schedule 3 - Compensation Framework: Detailed compensation structure including base payments and success-based rewards

4. Schedule 4 - Invention Disclosure Form: Standard form for documenting and disclosing new inventions

5. Schedule 5 - Patent Application Procedures: Detailed procedures for patent applications and maintenance

6. Appendix A - Confidentiality Terms: Detailed confidentiality obligations and procedures

7. Appendix B - Signature Requirements: Required documentation and witness requirements for invention assignments

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 legal definitions
Agreement
Confidential Information
Dependent Invention
Effective Date
Employee
Employer
Free Invention
Intellectual Property Rights
Invention
Invention Disclosure
Invention Records
Know-How
Patent Rights
Pre-Existing Inventions
Service Invention
Technical Field
Trade Secrets
Work Product
Background IP
Improvements
Patent Application
Priority Date
Related Rights
Research Materials
Technical Documentation
Territory
Third Party Rights
Commercial Exploitation
Derivative Works
Development Period
Jointly Developed Inventions
Patent Costs
Patent Prosecution
Remuneration
Research Project
Technical Information
Clauses
Definitions
Interpretation
Scope of Agreement
Invention Disclosure
Ownership Rights
Assignment of Rights
Service Inventions
Dependent Inventions
Free Inventions
Confidentiality
Patent Applications
Cooperation Obligations
Compensation
Moral Rights
Record Keeping
Non-Competition
Term and Duration
Termination
Pre-existing Rights
Third Party Rights
Representations and Warranties
International Protection
Dispute Resolution
Governing Law
Severability
Amendment
Force Majeure
Entire Agreement
Notice Requirements
Assignment and Transfer
Waiver
Indemnification
Further Assurance
Costs and Expenses
Compliance with Laws
Shop Rights
Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Chemical Industry

Manufacturing

Engineering

Software Development

Medical Devices

Telecommunications

Research & Development

Electronics

Automotive

Aerospace

Clean Technology

Industrial Design

Relevant Teams

Research & Development

Legal

Intellectual Property

Innovation

Product Development

Engineering

Laboratory Operations

Technology Transfer

Scientific Affairs

Patent Operations

Technical Operations

Design

Human Resources

Corporate Development

Relevant Roles

Research Scientist

Development Engineer

Chief Technology Officer

R&D Manager

Patent Attorney

Legal Counsel

Innovation Manager

Product Development Manager

Laboratory Director

Technical Director

Industrial Designer

Software Engineer

Chemical Engineer

Biotechnology Researcher

Principal Investigator

Head of Innovation

Research Director

Chief Scientific Officer

Technology Transfer Manager

IP Manager

Industries
Belgian Patent Act of 1984: Governs patent rights and inventions in Belgium, including provisions about ownership of inventions, patent application procedures, and inventor's rights
Belgian Code of Economic Law (Book XI): Contains provisions on intellectual property rights, including patents, trademarks, and copyright protection relevant to inventions
Belgian Employment Contracts Act of 1978: Regulates employment relationships and includes provisions about employee inventions and intellectual property rights in employment context
Belgian Civil Code (Articles 1101-1369): Provides the general framework for contract formation, validity, and enforcement in Belgium
EU Directive 2016/943: Protection of trade secrets and confidential information, which is often crucial in invention agreements
Belgian Act on the Protection of Trade Secrets (2018): Implementation of EU Directive 2016/943, providing specific provisions on protecting confidential information and trade secrets
Belgian Competition Law: Relevant for non-compete clauses and restrictions on the commercial exploitation of inventions
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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