Employee Invention Agreement for the United States

Employee Invention Agreement Template for United States

An Employee Invention Agreement is a legal contract used in the United States that establishes the ownership rights of intellectual property created by employees during their employment. The agreement typically covers patents, copyrights, trade secrets, and other forms of intellectual property, ensuring that inventions created using company resources or within the scope of employment belong to the employer. It includes provisions for disclosure of inventions, assistance with patent applications, and often addresses pre-existing intellectual property rights.

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What is a Employee Invention Agreement?

The Employee Invention Agreement is a crucial document for organizations in the United States where employees may create intellectual property during their employment. This agreement is particularly important in technology, research, and innovation-driven industries where new inventions and intellectual property are regularly developed. It establishes clear ownership rights, prevents future disputes over intellectual property, and ensures compliance with federal and state laws regarding employee inventions. The agreement typically addresses invention assignment, disclosure requirements, and the process for protecting intellectual property rights, while respecting state-specific limitations on employer claims to employee inventions.

What sections should be included in a Employee Invention Agreement?

1. Parties: Identification of employer and employee

2. Background: Context of employment relationship and purpose of agreement

3. Definitions: Key terms including 'Inventions', 'Intellectual Property', 'Company Materials'

4. Scope of Employment Duties: Description of employee's role and responsibilities

5. Assignment of Inventions: Core provisions regarding ownership of employee inventions

6. Disclosure Obligations: Employee's duty to disclose inventions

7. Assistance with IP Protection: Employee's obligation to assist with patent applications etc.

What sections are optional to include in a Employee Invention Agreement?

1. Prior Inventions: Section for listing and excluding pre-existing inventions from the agreement

2. Third Party Agreements: Provisions addressing employee's existing obligations to other parties

3. Competition Restrictions: Non-compete provisions (where permitted by state law)

What schedules should be included in a Employee Invention Agreement?

1. Schedule A - Prior Inventions: Detailed list of employee's pre-existing inventions

2. Schedule B - State Law Notices: Required statutory notices (e.g., California Labor Code notice)

3. Schedule C - Form of Assignment: Template for formal assignment of specific inventions

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

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

Federal Patent Act: 35 U.S.C. - Federal legislation governing patent rights and inventions, crucial for determining ownership and protection of employee inventions

Federal Copyright Act: 17 U.S.C. - Legislation governing copyright protection, including 'work for hire' provisions relevant to employee-created works

Defend Trade Secrets Act: Federal law providing uniform protection for trade secrets and establishing remedies for misappropriation

National Labor Relations Act: Federal law protecting employees' rights in employment agreements and limiting certain restrictive provisions

State Trade Secret Laws: State-specific regulations protecting confidential business information and trade secrets, varying by jurisdiction

California Labor Code ยง 2870-2872: California state law limiting the scope of invention assignment agreements and protecting employees' rights to inventions created on their own time

Illinois Employee Patent Act: Illinois state law governing employee invention rights and limiting employer claims on certain types of inventions

Minnesota Statute ยง 181.78: Minnesota state law regulating invention assignment agreements and protecting employee rights to certain inventions

Washington RCW 49.44.140: Washington state law governing employment agreements related to inventions and protecting employee rights to independent inventions

Work for Hire Doctrine: Legal principle determining ownership of works created during employment, particularly relevant for copyright protection

Shop Rights Doctrine: Common law principle giving employers non-exclusive rights to use inventions created by employees using employer resources

Constitutional Patent and Copyright Clause: Article I, Section 8, Clause 8 of the U.S. Constitution establishing the basis for patent and copyright protection

First Amendment Considerations: Constitutional protections affecting the scope and enforceability of invention assignment agreements

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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