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Your IP clause should: provide a broad definition of IP so that your rights are not limited; cover all kinds of IP, whether or not they are registered; protect violations of your IP rights in other jurisdictions; provide certainty as to protect all products developed by your business; and. secure your company branding.
The Intellectual Property (IP) Clause, also known as the ?Patent and Copyright Clause? refers to Article I, Section 8, Clause 8 of the United States Constitution, which grants Congress the enumerated power "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the ...
These clauses should require the new employee to promptly disclose new inventions or other intellectual property to the employer upon conception and to assign such inventions to the employer at that time.
Companies often hire and invest in employees to develop new products, improve processes, create new technologies and develop new markets. 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.
Ownership will therefore depend on the agreement that you signed with your employer when you began the job. However, under the California Labor Code, if intellectual property is developed ?outside the scope of employment,? it is owned by the employee who created it.