Employee Ip Assignment Agreement for the United States

Employee Ip Assignment Agreement Template for United States

An Employee IP Assignment Agreement is a legally binding contract under U.S. law that establishes the ownership rights of intellectual property created by employees during their employment. The agreement ensures that all intellectual property, including inventions, designs, software, and creative works developed during employment using company resources or within the scope of employment, belongs to the employer. It includes provisions for disclosure of inventions, cooperation in protecting IP rights, and compliance with state-specific requirements.

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What is a Employee Ip Assignment Agreement?

The Employee IP Assignment Agreement is essential for businesses in the United States where employees may create valuable intellectual property during their employment. This agreement protects employers by ensuring clear ownership of all IP created during employment while respecting state-specific requirements and employee rights. It should be implemented at the start of employment and covers inventions, works, designs, and other intellectual property created using company resources or within the scope of employment. The agreement typically includes provisions for disclosure, assignment of rights, and ongoing cooperation in securing IP protection.

What sections should be included in a Employee Ip Assignment Agreement?

1. Parties: Identifies the employer and employee who are entering into the agreement

2. Background: States the context of the agreement and the parties' relationship

3. Definitions: Defines key terms including Intellectual Property, Works, Inventions, and Confidential Information

4. Assignment of Rights: Core section detailing the transfer of IP rights from employee to employer

5. Disclosure Obligations: Employee's obligation to disclose all inventions and works created during employment

6. Assistance and Cooperation: Employee's obligation to help secure and protect IP rights

7. Waiver of Moral Rights: Employee's waiver of any moral rights in created works

What sections are optional to include in a Employee Ip Assignment Agreement?

1. Prior Inventions: Section for listing and excluding employee's pre-existing IP rights from the agreement

2. Third Party IP: Section addressing the handling and use of third-party intellectual property

3. Post-Employment Obligations: Section detailing ongoing obligations and cooperation requirements after employment ends

4. State-Specific Notices: Section containing required statutory notices for specific states where applicable

What schedules should be included in a Employee Ip Assignment Agreement?

1. Schedule A - Prior Inventions: Detailed list of employee's pre-existing intellectual property and innovations

2. Schedule B - State-Specific Notices: Complete text of required statutory notices for applicable states

3. Schedule C - Excluded Inventions: Comprehensive list of inventions specifically excluded from the scope of the agreement

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
Clauses
Industries

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

Federal Copyright Act: 17 U.S.C. - Governs copyright ownership and work-for-hire doctrine in employment relationships

Federal Trademark Act (Lanham Act): 15 U.S.C. - Regulates trademark rights and assignments in employment context

Defend Trade Secrets Act: Federal law providing uniform trade secret protection, including provisions for employee disclosure and whistleblower immunity

National Labor Relations Act: Federal law protecting employees' rights in employment agreements, including IP assignments

State Trade Secret Laws: State-specific regulations protecting confidential business information and trade secrets

State Employment Laws: State-specific regulations governing employment relationships and contract terms

State Contract Laws: State-specific rules governing formation and enforcement of contracts

State Invention Assignment Laws: State-specific laws (e.g., California Labor Code 2870) limiting scope of employee invention assignments

Work-for-hire Doctrine: Legal principle determining ownership of works created within scope of employment

Shop Rights Doctrine: Common law principle giving employers non-exclusive rights to use employee inventions created with employer resources

Consideration Requirements: Legal requirement for valid contract formation, ensuring adequate compensation for IP assignments

Notice Requirements: State-mandated notifications to employees regarding their rights to certain inventions

Temporal Scope Provisions: Requirements for clearly defining time periods for pre-existing IP, current work, and post-employment obligations

State Non-compete Restrictions: State-specific limitations on non-compete provisions that may affect IP assignment agreements (e.g., California restrictions)

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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