Employee Invention Lawyer

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Most Common Employment Law Issues:

What is an Employee Invention?

Intellectual property (IP), refers to intangible property rights. The intangible property includes inventions, creations, products, and original works of authorship. The owner of an invention or idea depends on the context and who created it. Work product disputes may occur between an employer and employee.

What is Work Product?

Work product refers to an employee-created created that becomes the property of the employer. Specific ownership may depend on the employment contract

My New Employer Wants Me to Sign a Pre-Invention Assignment, What is That?

A pre-invention assignments agreement gives the employer rights to complete control of the patent, copyright and licensing of everything the employee creates. It also gives an employer the right to use the invention as it sees fit.  

Does My Employer Have Rights to What I Invent Outside of Work?

Typically, no. Inventions and ideas pursued outside of employment is owned by the employee. 

Does an Employer Have Rights to What I Made During Employment?

An employee agreement is a contract between an employer and employee. If the employee is hired to create inventions, the agreement includes a disclosure of inventions. This disclosure clause requires an employee to notify an employer of any created inventions. These inventions are created during while employed at the company. 

What If There is No Contract?

If there is no agreement, the employer may still have a legal claim on the inventions. The employer may claim there was an oral contract formed while the employee worked for the company. However, the employer may have a hard time proving the claim if nothing is written. 

Should I Contact an Employment Lawyer about My Invention?

Yes, contact an employment lawyer regarding your invention. Talking with your attorney will help you determine who has a legal claim on what you invented.

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Last Modified: 03-09-2016 01:30 PM PST

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