Virginia Assignment - Employee Inventor

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Multi-State
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US-L0608AM
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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

An inventions assignment agreement is a typical feature of an independent contractor or employee agreement where the worker agrees to assign any intellectual property rights arising from the worker's services to the company.

?The general rule is that an individual owns the patent rights to the subject matter of which he is an inventor, even though he conceived it or reduced it to practice in the course of his employment.? Banks v. Unisys Corp., 228 F. 3d 1357, 1359 (Fed.

The general rule is that you own the patent rights to an invention you create during the course of your employment unless you either: signed an employment agreement assigning invention rights, or. were specifically hired (even without a written agreement) for your inventing skills or to create the invention.

Copyright Ownership If a work is made for hire, the employer or the party that specially ordered or commissioned that work is the initial owner of the copyright in the work unless the employer or the commissioning party has signed a written agreement to the contrary with the work's creator.

Generally, in an employment agreement, the employee assigns all patent rights from their work to the organization. So the organization can file a patent as an applicant. Therefore, an inventor has to be an individual, but the Assignee can be an individual or a company.

If you are an employee ? not an independent contractor ? and your invention was created as part of your job, then it is likely that your employer owns the rights to that invention and any patent obtained on it. This is known as the ?work for hire? doctrine.

An aesthetic creation, a scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program, a presentation of information, a procedure for surgical or therapeutic treatment, or diagnosis, to be practised on humans or animals.

Though the agreement is a legal document, it does not need to be notarized. However, obtaining notarization for the signatures provides added protection, limiting the risk of a party later claiming a signature was not valid.

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Virginia Assignment - Employee Inventor