Easily Remove Name Field from the Inventions Agreement

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How to Remove Name Field from 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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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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How do I protect my intellectual property from my employer?

As soon as you have a business name and logo for your idea, you should register those trademarks right away. A good and memorable trademark registered with the USPTO will give you an advantage over competitors. Along with your trademarks, work with your IP attorney to to register the rest of your assets.

What is the invention clause in the employment contract?

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.

Does my employer own my intellectual property?

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 the intellectual property policy for employees?

Employees must keep all intellectual property secure and not access, copy, or disclose to anyone without proper authority. Employees must not misuse confidential information or intellectual property, and must maintain the integrity and security of any Company documents or information for which they are responsible.

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.

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.

Who owns IP created by an employee?

Normally, where an employee creates IP as part of their job, the employer will own the IP. Alternatively, this can be overridden if the employment contract states otherwise. This principle generally arises under the relevant law for each respective IP right (e.g., patents, copyright, designs).

What can intellectual property be protected by?

Copyrights, which cover works of authorship, such as books, logos and software, is part of intellectual property protection, as are patents, which protect inventions. Other types of IP include trademarks, designs and trade secrets.

What are excluded inventions in a contract?

Excluded Invention means any Invention listed on Exhibit A of this Agreement that existed prior to Employees employment by the Company and would be a Subject Invention if such Invention was or is made during Employees employment by the Company.

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