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Assignment Of Invention Agreement Template for United States

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Key Requirements PROMPT example:

Assignment Of Invention Agreement

"I need an Assignment of Invention Agreement for a California-based biotech startup to ensure all IP rights for new drug development technologies created by our research scientists are properly assigned to the company, with specific attention to California Labor Code requirements."

Document background
The Assignment Of Invention Agreement is a crucial document in U.S. employment relationships where intellectual property creation is involved. It ensures that companies can secure rights to innovations developed by their employees during employment. This agreement is particularly important in states with specific invention assignment laws, such as California's Labor Code Section 2870. The document typically covers present and future inventions, defines the scope of assigned rights, outlines exceptions for personal inventions, and includes state-required notices where applicable.
Suggested Sections

1. Parties: Identification of the assignor and assignee

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms including 'Invention', 'Intellectual Property Rights', 'Confidential Information'

4. Assignment: Core provisions detailing what is being assigned

5. Scope of Assignment: Details of what inventions are covered and excluded

6. Consideration: What is being given in exchange for the assignment

7. Representations and Warranties: Assignor's promises regarding ownership and rights to assign

8. Further Assurances: Obligation to assist with future actions needed to perfect assignment

Optional Sections

1. Moral Rights: Waiver of moral rights in cases involving copyrightable works

2. Prior Inventions: Section for listing and excluding pre-existing inventions from the assignment

3. Non-Competition: Optional restrictions on competing activities where allowed by state law

4. Survival: Provisions specifying which obligations continue after termination

Suggested Schedules

1. Schedule A - Prior Inventions: List of pre-existing inventions excluded from assignment

2. Schedule B - State-Specific Notices: Required statutory notices for applicable states

3. Schedule C - Description of Assigned Inventions: Detailed description of specific inventions being assigned

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Federal Patent Act: 35 U.S.C. - Primary federal law governing patents and inventions, crucial for determining patentability and assignment rights

Federal Copyright Act: 17 U.S.C. - Governs copyrightable aspects of inventions, particularly relevant for software or design-related innovations

Defend Trade Secrets Act: Federal law providing uniform trade secret protection, important for maintaining confidentiality of assigned inventions

National Labor Relations Act: Federal law protecting employees' rights, must be considered when drafting assignment terms to ensure they don't violate worker protections

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

State Trade Secret Laws: State-level protections for trade secrets that may affect how inventions are handled and protected

State Employment Laws: State-specific employment regulations that impact the employer-employee relationship and invention assignment rights

State Contract Laws: State-specific requirements for contract formation, consideration, and enforcement affecting the agreement's validity

Employee Rights Notice Requirements: Legal requirement to provide notice of employees' rights regarding inventions developed on their own time

Scope Limitation Requirements: Legal necessity to ensure assignment scope is reasonable and related to employer's business interests

Consideration Requirements: Legal requirement for adequate consideration in exchange for invention assignment rights

Timing Requirements: Legal specifications regarding when assignment obligations begin and end, including treatment of future inventions

Federal Antitrust Laws: Regulations preventing anti-competitive practices that may affect invention assignment terms

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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