Intellectual property is now the lifeblood of many companies. No employer wants these assets to come out of the door when an employee leaves. Personnel invention contracts are a crucial instrument for the protection of intellectual property, but the laws that govern them contain traps for the unwary. If the agreement is too narrow or ambiguous, it can escape inventions. If the agreement does not contain certain provisions, it may be invalid in some states. This wisdom of the Crowd (CCA members` debate) focuses on the adoption of a patent assignment agreement to protect a company`s intellectual property in accordance with U.S. law. This resource has been composed of questions and answers published in the Forum of Intellectual Property Divisions and Small ACC Law Networks.* Complicating matters further, Nevada and Utah have unique variations of these statutes. Nevada statistics.
§ 600,500 makes patentable inventions the property of the employer. In contrast, Utah § 34-39-1 et seq. establishes clear boundaries between “labor inventions” owned by the employer and inventions produced in a worker`s time that are not. Yes, and yes. One argument for additional consideration is job retention, although courts may view this with questions to use it sparingly. NB: One of the people who had to be upgraded was our personnel manager! Apparently, in the fog of the time it originally entered, employment contracts contained neither the non-competition clause nor the language of the orders. He joked that he was being used as a good example. No and no – with the exception of a few vintage cars that had to be modernized, this is part of the overall employment contract. With regard to the following question, I think we are a separate point from the employment contract that is not part of the confidentiality/non-competition section. You can have both in the main agreement, so everything is in one place, rather than scattered documents.
Just make sure they are in separate and clearly labeled sections. That way, when a court takes a section, it will usually leave the rest of the agreement intact….