Oregon Assignment - Employee Inventor
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FAQ
"Broadly speaking, if an employee creates new intellectual property as part of their job, the employer owns that intellectual property," explains Martell.
Copyrights are generally owned by the people who create the works of expression, with some important exceptions: If a work is created by an employee in the course of his or her employment, the employer owns the copyright.
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 worker's services to the company.
First ownership - the general rule The general rule in relation to IP created by an employee during the course of their employment is that, in the absence of agreement to the contrary, the first owner is the employer.
Also known as Proprietary Information and Inventions Assignment Agreements (or PIIAAs), Confidential Information and Inventions Assignment Agreements ensure that intellectual property and other proprietary rights created by employees during the course of their employment are assigned to the employer.
It's a common mistake to believe that an employer owns all intellectual property created by their employees and contractors. That's not always the case. The only way to secure IP ownership is by creating a written agreement that explicitly states who owns what.
An invention assignment agreement is a contract in which an employee or independent contractor assigns intellectual property rights for their services to the company. These agreements typically appear in other employment documents such as confidentiality agreements or an independent contractor agreement.
As it relates to IP, the overriding principle is that its creator, developer or inventor is the owner. While IP can take many forms, this article will focus on issues surrounding copyrights, trademarks, patents and trade secrets.