Combine Inventions Agreement

Aug 6th, 2022
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How to Combine Inventions Agreement

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In this webinar, Matt Crowley discusses the importance of confidentiality agreements for employees and independent contractors. He emphasizes that these agreements are vital because employees often have access to trade secrets, which can include sensitive information like software code, platform architecture, customer lists, and internal pricing strategies. Crowley stresses the need to protect client-specific details, such as key decision-makers within companies. He advises that creating a comprehensive employee confidentiality agreement, or a non-disclosure and proprietary inventions agreement, is the best way to safeguard this critical information.

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It is the general rule that an employee retains ownership and patent rights of whatever she invents during her employment, even if she conceived it or reduced it to practice in the course of her employment, and even if her invention relates to company business.
The general rule is that the author of a Work is the first owner of the copyright. Section 13(3) of the Act carves an exception to that general rule by stipulating that any Works made by Employees in the course of their employment are automatically deemed to be owned by the Employer.
While not always cut and dried, intellectual property created within the workplace context is typically deemed to belong to the employer, not the employee, even though the employee is the creator or inventor of the work in question.
The general rule is that when an employee creates a work (that is, a thing capable of copyright protection such as a song, a document, a photo, artwork, or source code to name a few), the employer, rather than the employee, will own the copyright in that work if the employee authored it in the course of their
Intellectual property (IP) is the property of your mind or exclusive knowledge. If you develop a new product, service, process or idea it belongs to you and is considered your IP. IP rights provide IP owners with the time and opportunity to commercialise their creations.
The general rule is that you own the patent rights to an invention you create during the course of your employment unless you either: signed an employment agreement assigning invention rights, or. were specifically hired (even without a written agreement) for your inventing skills or to create the invention.
Intellectual property created in the course of employment (ie its part of what they are paid to do) by an employee generally belongs to the employer. However, employees are entitled to compensation if the intellectual property is an invention that is patented and is of outstanding benefit to the employer.
An invention assignment agreement is a contract in which an employee or independent contractor assigns intellectual property rights for their services to the company. These agreements typically appear in other employment documents such as confidentiality agreements or an independent contractor agreement.

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