Assignment Of Patents And Inventions
An employer may require an employee, as a condition of employment, to assign the employee‘s rights in certain inventions to the employer. Under state law, such an assignment must exclude inventions for which no equipment, supplies, facilities or trade secret information of the employer were used, and which were developed entirely on the employee’s own time, and which do not relate directly to the employer’s business or its actual or demonstrably anticipated research or development, or which do not result from any work performed by the employee for the employer.
An employment attorney is essential when drafting agreements of this nature. As an employer you want to ensure that the employee does provide a competitor your with your information, or worse, become a competitor themselves. In the age of technology, it is of utmost importance that you protect your intellectual rights.