Oregon Assignment — Employee Inventor is a legal term that refers to the practice in Oregon state regarding the ownership of inventions created by employees during the course of their employment. This assignment agreement outlines the rights and obligations of both the employer and the employee with regard to intellectual property generated during the employment period. In Oregon, there are various types of Assignment — Employee Inventor agreements that are commonly used, including: 1. Standard Oregon Assignment — Employee Inventor: This is a comprehensive agreement that specifies that any invention, innovation, or discovery made by an employee while working for the employer belongs to the employer. It covers a wide range of intellectual property, including patents, copyrights, and trade secrets. 2. Specific Invention Assignment: This type of agreement focuses on a particular invention or innovation identified by the employer or the employee. It grants ownership rights to the employer for that specific invention while allowing the employee to retain ownership of any other inventions or creations not related to the assigned project. 3. Royalty-based Assignment: This agreement allows the employee to retain ownership of their invention but grants the employer a percentage of the revenue generated by the invention. The specific percentage is usually predetermined in the agreement. 4. Joint Ownership Assignment: In certain cases, an agreement can be made for joint ownership of an invention. This occurs when both the employee and the employer have contributed to the development of the invention. Joint ownership agreements typically outline the rights and responsibilities of each party, including licensing, commercialization, and profit-sharing. Oregon Assignment — Employee Inventor agreements often cover the following key aspects: a. Confidentiality: To protect the employer's trade secrets and intellectual property, these agreements include clauses regarding the confidentiality of invention details and related information. b. Ownership: It clearly defines the ownership of the invention and states that the employer will have exclusive rights to use, patent, license, or assign the invention as deemed appropriate. c. Consideration: In many cases, the employer provides some form of consideration to the employee, such as additional compensation, bonuses, or other incentives, in exchange for the assignment of the invention's ownership rights. d. Employee Responsibilities: These agreements specify that the employee must promptly disclose any inventions or innovations developed during the employment period to the employer. They also outline the employee's duty to assist in obtaining patents or other forms of intellectual property protection. e. Future Assignments: It is common for the agreement to address the ownership of future inventions that may be developed by the employee even after the termination of the employment relationship. It is important for both employers and employees in Oregon to understand the implications of an Oregon Assignment — Employee Inventor agreement to ensure the protection of their interests. Seeking legal advice from an experienced attorney is strongly recommended drafting or review any Assignment — Employee Inventor agreement to ensure compliance with Oregon state laws and to address specific circumstances accurately.
Oregon Assignment - Employee Inventor
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"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.