The Employee Assignment Agreement serves as a crucial document in establishing clear ownership rights over intellectual property created during employment. This agreement is particularly vital in the United States where intellectual property rights are strongly protected at both federal and state levels. It should be implemented at the start of employment and covers inventions, discoveries, improvements, ideas, designs, and creative works developed by the employee during their tenure. The agreement must carefully balance employer interests with employee rights, particularly in states like California where specific statutory protections exist for employee inventions created outside of work hours and without company resources.
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1. Parties: Identification of employer and employee
2. Background: Context of employment relationship and purpose of agreement
3. Definitions: Key terms including Intellectual Property, Inventions, Works, and Confidential Information
4. Assignment of Inventions: Core provisions regarding assignment of employee's work product and intellectual property rights
5. Scope of Employment: Definition of work covered by the assignment and duties during employment
6. Execution of Documents: Employee's obligation to sign necessary documentation for IP protection
7. Term and Termination: Duration of agreement and post-termination obligations
8. General Provisions: Standard boilerplate clauses including governing law, severability, and entire agreement
1. Prior Inventions: Section for excluding pre-existing inventions and intellectual property from the assignment
2. Third Party Rights: Provisions regarding use and protection of third party intellectual property
3. Non-Competition: Restrictions on competitive activities where permitted by state law
4. Consulting Activities: Provisions regarding permitted outside work and consulting arrangements
5. State-Specific Provisions: Additional provisions required by specific state laws regarding invention assignment
1. Schedule A - Prior Inventions: Detailed list of employee's pre-existing intellectual property excluded from assignment
2. Schedule B - Notice of Statutory Rights: Required statutory notices regarding invention assignment rights under state law
3. Schedule C - Form of Assignment: Template document for future specific assignments of intellectual property
4. Schedule D - Excluded Activities: List of permitted outside activities and consulting arrangements
Relevant legal definitions
Agreement
Assignment Date
Company
Company Materials
Confidential Information
Copyrights
Effective Date
Employee
Intellectual Property
Intellectual Property Rights
Inventions
Moral Rights
Patents
Prior Inventions
Proprietary Rights
Services
Trade Secrets
Work Product
Works of Authorship
Third Party Rights
Scope of Employment
Company Business
Developments
Assignment Period
Derivative Works
Assignment Date
Company
Company Materials
Confidential Information
Copyrights
Effective Date
Employee
Intellectual Property
Intellectual Property Rights
Inventions
Moral Rights
Patents
Prior Inventions
Proprietary Rights
Services
Trade Secrets
Work Product
Works of Authorship
Third Party Rights
Scope of Employment
Company Business
Developments
Assignment Period
Derivative Works
Clauses
Assignment of Rights
Confidentiality
Intellectual Property Rights
Disclosure Obligations
Cooperation
Moral Rights Waiver
Prior Inventions
Further Assurances
Non-Competition
Non-Solicitation
Scope of Employment
Work Made for Hire
Third Party Rights
Representations and Warranties
Record Keeping
Return of Materials
Term and Termination
Survival
Severability
Governing Law
Jurisdiction
Amendment and Waiver
Entire Agreement
Notice
Counterparts
Confidentiality
Intellectual Property Rights
Disclosure Obligations
Cooperation
Moral Rights Waiver
Prior Inventions
Further Assurances
Non-Competition
Non-Solicitation
Scope of Employment
Work Made for Hire
Third Party Rights
Representations and Warranties
Record Keeping
Return of Materials
Term and Termination
Survival
Severability
Governing Law
Jurisdiction
Amendment and Waiver
Entire Agreement
Notice
Counterparts
Relevant Industries
Relevant Teams
Relevant Roles
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