This form is a Employee Confidentiality and Invention Assignment Agreement for use with employee inventors exposed to commercial trade secrets or other confidential information as part of their job.
Virginia Employee Confidentiality and Invention Assignment Agreement is a legal document that outlines the conditions under which an employee is expected to maintain confidentiality and assign any intellectual property rights to their employer. This agreement is essential for businesses in Virginia to protect their proprietary information and ensure that any inventions or creative works developed by employees during the course of their employment belong to the employer. The Virginia Employee Confidentiality and Invention Assignment Agreement typically includes the following key provisions: 1. Confidentiality: This section outlines the employee's obligation to keep all confidential information disclosed by the employer confidential during and even after the termination of their employment. It defines what constitutes confidential information and may include trade secrets, client lists, financial data, marketing strategies, and other proprietary information. 2. Non-Disclosure: This provision prohibits the employee from disclosing any confidential information to unauthorized individuals or using it for personal gain or the benefit of competitors. It may also impose limits on the ways employees can use, transfer, or remove confidential information from the workplace. 3. Invention Assignment: This portion of the agreement ensures that any inventions, discoveries, or intellectual property created by the employee during their employment are automatically assigned to the employer. It clarifies that all rights and ownership of such inventions belong to the employer and typically requires the employee to disclose and document such inventions promptly. 4. Scope of Assignment: This clause specifies the extent of the invention assignment, including whether it covers inventions made solely within the employee's scope of employment or if it extends to any inventions related to the employer's business, even if created outside working hours. 5. Exceptions: This section may outline exceptions to the invention assignment, such as inventions that the employee created before their employment or those that are a continuation of their previous personal work. It may also detail compensation or incentive programs in place for employees who develop particularly valuable inventions or intellectual property. 6. Non-Compete and Non-Solicitation: Although not always included in the Virginia Employee Confidentiality and Invention Assignment Agreement, some employers may add non-compete and non-solicitation provisions to further protect their business interests. These provisions restrict the employee from working for a competitor or soliciting clients or employees from the employer for a specified period following the termination of their employment. Types of Virginia Employee Confidentiality and Invention Assignment Agreement may vary depending on the employer and industry. Some agreements may be more comprehensive and tailored to specific job functions or roles within the organization, while others may be more general and apply to all employees. It is crucial for employers to consult with legal professionals experienced in Virginia employment law to ensure their agreements comply with all relevant state laws and regulations.