Pre Invention Assignment Agreement Template for England and Wales

A Pre Invention Assignment Agreement is a crucial legal document that establishes clear ownership of intellectual property rights before you begin employment or innovative work. Under England and Wales law, this agreement ensures that inventions, patents, and other intellectual property created during your employment belong to your employer, providing certainty and legal protection for both parties.

When do you need this document?

You need this agreement when starting employment in research and development roles, joining technology companies, or working in any position where you might create patentable inventions. It's particularly important in pharmaceutical research, software development, engineering consultancies, and academic institutions. The agreement should be signed before you begin any innovative work, as retrospective assignments can be legally complex and may not provide adequate protection. Many employers in innovation-driven sectors require this document as standard practice to protect their intellectual property investments and comply with investor requirements.

Key legal considerations

The agreement must clearly define what constitutes an invention and specify the scope of assignment to avoid future disputes. Under the Patents Act 1977, employees have rights to compensation for certain valuable inventions, so the agreement should address these statutory entitlements. The document must include proper consideration to make the assignment legally binding, and disclosure obligations must be reasonable and clearly defined. You should ensure the agreement doesn't extend beyond what's necessary for the employer's business, as overly broad restraints may be unenforceable. The agreement should also specify procedures for patent applications, trademark registrations, and other IP protection measures, including your obligations to assist in these processes.

Legal requirements in England and Wales

The agreement must comply with the Patents Act 1977, particularly sections 39-43 which govern employee inventions and establish when employers have rights to employee-created IP. Under the Copyright, Designs and Patents Act 1988, works created during employment typically belong to employers, but this should be explicitly confirmed in writing. The Employment Rights Act 1996 requires that contractual terms be reasonable and fair, meaning assignment clauses cannot be excessive or operate as unreasonable restraints of trade. The agreement must also consider the Trade Secrets (Enforcement, etc.) Regulations 2018 when dealing with confidential information and know-how. Common law principles require proper consideration and clear terms to ensure enforceability, and the agreement should balance employer protection with employee rights to fair compensation under statutory invention schemes.