Santa Clara California Assignment - Employee Inventor

Name: Santa Clara California Assignment - Employee Inventor
Brand: US Legal Forms
Rating: 4.8 (369 reviews)

Category:

Copyrights Patents and Trademarks - Assignments

State:

Multi-State

County:

Santa Clara

Control #:

US-L0608AM

Format:

Instant download

Description

This sample form, a detailed Assignment (Employee Inventor) document, is adaptable for use with entertainment, new products, intellectual property/multimedia business and other related areas. Tailor to fit your circumstances. Available in Word format.

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FAQ

Very often, yes. The boilerplate IP contracts provided by most law firms usually claims one of: All software development work you ever do while employed by the company. All software development work you do using in any way any resource of the company, from computer to network connection.

As a general rule, an employer will own the intellectual property created by its employees in the course of their employment. However, intellectual property that is created by an employee, other than in the course of employment, is owned by the employee, not the employer.

Work-for-Hire Doctrine Under the law, the general rule is that the copyright in and to the work product of an individual employee or independent contractor is owned by that individual unless an exception applies.

Typically, employers are entitled to all intellectual property created at/for their business, unless there exists a contract stating otherwise.

It should be noted, however, that intellectual property falling outside the scope of employment is owned by the employee under the California Labor Code, not the employer.

If that worker is directly related to the process and creation of a new, patentable idea for the business, then the employer owns any intellectual property created by that employee. This is viewed as the employee simply doing his or her job: They're creating a better process or product for the business.

Generally, the creator of a work is deemed its owner. However, intellectual property ownership can be determined differently for different types of property and under varying circumstances. For example, if work is created for an employer, the employer is the owner of that intellectual property.

In the absence of a written agreement, an employee's patentable inventions may not belong to the employer, except in special circumstances. The employee employer relationship does not necessarily entitle the employer to ownership of inventions made by the employee.

Intellectual property created in the course of employment (ie it's part of what they are paid to do) by an employee generally belongs to the employer. However, employees are entitled to compensation if the intellectual property is an invention that is patented and is of 'outstanding benefit' to the employer.

With this investment, it should come as no surprise that employers generally own the intellectual property created by its employees in the course of their employment. However, intellectual property that is created by an employee, other than in the course of employment, is owned by the employee not the employer.

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Santa Clara California Assignment - Employee Inventor

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Does my company have IP rights to the stuff I do in my spare time?

Can the employee still sell his her inventions to other company?

Who owns employee work product?

Does my employer own my inventions?

Does your employer own your intellectual property California?

Who owns intellectual property employee or employer?

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Does my employer own my intellectual property?

Does your employer own your intellectual property?

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