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How to Correct Inventions Agreement

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In this webinar, Matt Crowley discusses the importance of having employees and independent contractors sign a confidentiality agreement. He emphasizes that employees may possess sensitive trade secret information, which varies by role. For software engineers, this could include code and platform architecture, while salespeople may have access to customer lists, internal pricing structures, and specific client details. Protecting this information is crucial, and the most effective way to do so is by implementing a well-designed employee confidentiality agreement, referred to as a non-disclosure agreement (NDA) for proprietary inventions.

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Who owns employee work product?

Under the law, the general rule is that the copyright in and to the work product of an individual employee or independent contractor is owned by that individual unless an exception applies. The Work for Hire doctrine is an exception to such rule.

Who has the rights to an invention?

You as the inventor and patent holder retain your patent rights to issue licenses and sell the patent to third parties. However, even if you sell the patent, your employer may retain its shop rights to the patent. Independent contractors are also included in consideration of an employers rights to a patent.

What is an inventions agreement?

An inventions assignment agreement is a typical feature of an independent contractor or employee agreement where the worker agrees to assign any intellectual property rights arising from the workers services to the company.

What does you have executed a confidentiality and invention assignment agreement mean?

A Confidential Information and Invention Assignment Agreement is an agreement between a company and its employees, contractors, consultants, and business partners. It details how a companys confidential information and intellectual property is to be handled.

Who owns the IP in a work product created by an employee?

As a general rule, an employer will own the intellectual property created by its employees in the course of their employment. However, intellectual property that is created by an employee, other than in the course of employment, is owned by the employee, not the employer.

Should prior inventions be disclosed yes or no?

When it comes to Prior Invention disclosure to a new employer, we generally suggest you do not do so. Thats because they never state that the employer will not try to steal your ideas or inventions. Rather, you need to be careful not to be vulnerable to such loss.

Who owns the inventions of an employee?

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.

Does my employer own my inventions?

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.

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Correct Inventions Agreement