Easily Delete Phone Field into the Inventions Agreement

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How to Delete Phone Field into the Inventions Agreement

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youre listening to the patenting for inventors podcast with registered patent attorney dr adam diamond founder of diamond patent law the number one source for securing your intellectual property needs now heres your host adam diamond hello and welcome to the patenting for inventors podcast episode 111. does your employer own your invention my name is adam diamond a registered patent attorney and founder and owner of diamond patent law in los angeles california i can be contacted through my website at diamondpatentlaw.com thats d-i-a-m-e-n-t patentlaw.com or call me at 424-281-0162 now one of the first things that i ask a client that comes to me with an invention is whether the invention that they came up with is related in any way to the work that theyre doing as an employee now the reason i ask this oftentimes is that even though youre inventor youre the inventor of something youre actually not the owner of it this is because that when you become an employee you probably sign s

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What are excluded inventions?

Excluded Inventions means those Inventions, if any, which are related to the Companys Business, were invented by Employee prior to the commencement of Employees employment with the Company, and are listed on APPENDIX 1 hereto.

What is strict liability in California Labor Code?

Strict Liability means that the employers liability arises regardless of the employers own lack of knowledge or the employers attempts to remedy the situation, such as by publishing a policy against sexual harassment.

What counts as a prior invention?

Prior Inventions means all inventions, original works of authorship, developments and improvements which were made by Recipient, alone or jointly with others, prior to Recipients employment, association or other engagement with the Company or any affiliate thereof.

What is the duty to indemnify an employee in California?

Section 2802 provides that an employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer.

What does California Labor Code Section 2870 mean?

What is California Labor Code Section 2870? This code states that inventions of an employee are not assigned to the employer if they are wholly developed on the employees own time and if they are done so without the uses of employers equipment, supplies, facilities or trade secret information of the employer.

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.

What is California Labor Code Section 2807?

The employer shall utilize the standardized written description prepared by the State Department of Health Services pursuant to subdivision (b). (b) The State Department of Health Services shall prepare and make available, on request, a standardized written description of the Health Insurance Premium Program, at cost.

Does California Labor Code Section 2870 apply to independent contractors?

Labor Code sections 2870-2872 govern assignments of inventions to employers by employees but not independent contractors.

What is the statute of limitations for claims under the California Labor Code?

You must file claims for violations of minimum wage, overtime, illegal deductions from pay or unpaid reimbursements within three years. You must file claims based on an oral promise to pay more than minimum wage within two years. You must file claims based on a written contract within four years.

What is Section 2870 of the California Labor Code?

What is California Labor Code Section 2870? This code states that inventions of an employee are not assigned to the employer if they are wholly developed on the employees own time and if they are done so without the uses of employers equipment, supplies, facilities or trade secret information of the employer.

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