Colorado Confidential Information and Invention Assignment

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Multi-State
Control #:
US-0023BG
Format:
Word; 
Rich Text
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Description

Privileged communication is information/communication shared with only a few people for furthering certain purposes.
This is an extensive form for execution by employees, where the employee agrees to keep various information used by the company confidential. The employee also agrees that various inventions and ideas developed by the employee related to the business of the company are deemed owned by the company. Such an agreement is especially important for technology companies.

It is a common practice for employers to require employees involved in research and development or other technical work to sign agreements assigning in advance to the employer their ownership interest in any inventions they create while employed.
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FAQ

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.

An Employee Invention Agreement can be signed before an employee begins work at your company. By signing this document, an employee agrees not to share confidential information, and that any inventions produced during his or her time at the company will be owned by the company.

Reversing a state court of appeals' decision, the Colorado Supreme Court has held that an employer's continued employment of a current at-will employee provides sufficient consideration for a non-competition agreement entered into after the inception of employment.

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.

Continuous Employment means the absence of any interruption or termination of service as an Employee or Non-Employee Director by the Company or any Subsidiary.

Consideration in the Employment Context At the outset of the employment relationship, the employer's provision of remuneration in exchange for the employee's services will generally serve as sufficient consideration to bind the parties to an employment agreement.

Thus, the employee is giving up a legal right and needs to get something (some consideration) from the employer in exchange. In many states, such as New York, employment or continued employment is considered sufficient consideration.

The court held that no additional consideration beyond the continuation of at-will employment is required to support an employee's assignment of inventions (and other intellectual property) to the employer.

Employee Consideration means the Employee Cash Consideration and the Employee Stock Consideration. Employee Consideration means, collectively, the Employee Cash Consideration and the Employee Stock Consideration.

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Colorado Confidential Information and Invention Assignment