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.
A Washington Employee Confidentiality and Invention Assignment Agreement, also known as a Confidentiality and IP Assignment Agreement, is a legally binding contract that outlines the terms and conditions regarding the protection of confidential information and the assignment of intellectual property (IP) rights between an employer and employee in the state of Washington, USA. This agreement serves to protect the employer's proprietary and trade secret information, including confidential business strategies, customer lists, financial data, and technical know-how, as well as secure the employer's rights to any inventions or creative works developed by the employee during employment. Key provisions typically included in a Washington Employee Confidentiality and Invention Assignment Agreement are: 1. Definition of Confidential Information: This section clearly defines the types of information considered confidential and subject to protection during the employment relationship. 2. Nondisclosure Obligations: The agreement establishes the employee's duty to maintain the confidentiality of the employer's proprietary information, preventing disclosure to any unauthorized parties both during and after employment. 3. Non-Compete Covenant: Depending on the agreement, it may contain provisions that restrict the employee from engaging in competition with the employer during or after employment for a specified period of time and within a specific geographic region. 4. Invention Assignment: This provision entails the transfer and assignment of all intellectual property rights, ownership, and interests to the employer for any inventions, discoveries, or creative works conceived, made, or developed by the employee within the scope of employment. 5. Work-for-Hire Clause: This clause clarifies that any work created by the employee within the scope of their employment is considered a "work made for hire," and therefore automatically belongs to the employer. In Washington, there are no specific types of Employee Confidentiality and Invention Assignment Agreements mandated by law. However, variations of such agreements may be tailored to meet the specific needs and requirements of different industries, positions, or circumstances. For example, technology companies or startups may include additional provisions related to the protection of proprietary software or algorithms, while research organizations may focus on protecting research discoveries and inventions. It is crucial for both employers and employees to understand the terms and implications of the agreement before signing, as it establishes the rights and obligations concerning confidential information and IP ownership. Seeking legal advice or consulting an employment attorney in Washington is highly recommended ensuring the agreement is enforceable and adequately protects both parties' interests.