California Patent Forms - Ca Patent Application

Protect your intellectual property and locate state specific Patent forms for all types situations.

California Patent FAQ

When do I need a patent?

U.S. patent laws were enacted by Congress under its Constitutional grant of authority to protect the discoveries of inventors. In order to be patented an invention must be novel, useful, and not of an obvious nature. Patents are issued for four general types of inventions/discoveries: machines, human made products, compositions of matter, and processing methods.

Patents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time. In order to be patented an invention must be novel, useful, and not of an obvious nature. There are three types of patents: a) "utility patent" which includes a process, a machine (mechanism with moving parts), manufactured products, and compounds or mixtures (such as chemical formulas); b) "design patent" which is a new, original and ornamental design for a manufactured article; and c) "plant patent" which is a new variety of a cultivated asexually reproduced plant.


What is a Confidential Information & Inventions Assignment (CIIA) Agreement?

Confidential Information & Inventions Assignment (CIA) Agreement is a legal contract that protects intellectual property and trade secrets. It is a document signed between an employer and an employee to ensure that any confidential information or inventions created during employment belongs to the employer rather than the employee. In California, CIA agreements are particularly important because the state has strong laws protecting employee rights. The agreement specifies that the employee cannot disclose or use any confidential information learned during their employment for personal gain or to benefit other parties without the employer's permission. It also ensures that any inventions or discoveries made by the employee while working for the company are owned by the employer. Overall, a CIA agreement is essential to protect companies' valuable information and inventions, and ensure that employees adhere to these terms.


Limits on Invention Assignment Agreements

Invention Assignment Agreements are contracts that specify whether an employee or an employer owns the rights to an invention created during the course of employment. In California, there are certain limits to these agreements to protect employees' rights. Under state law, an invention assignment agreement can't apply to an employee's inventions developed entirely on their own time, and without using employer's resources. These agreements must be in writing and provide notice to the employee regarding the scope of the invention assignment. It is important for both employers and employees to understand these limits to ensure fairness and clarity in the ownership of inventions.


Time Limits on Non-Compete Agreements

A time limit on a non-compete agreement refers to a specific period during which an employee is restricted from working for a competitor or starting a similar business after leaving their current job. In California, non-compete agreements are generally not enforceable except in a few limited situations. This means that employers cannot impose strict time limits on employees to prevent them from joining a competing company. Instead, California encourages healthy competition among businesses and aims to protect employees' rights to pursue their chosen profession or trade freely. In simple terms, time limits on non-compete agreements in California are usually not allowed to restrict employees' career choices or hinder fair competition.


How to Write a CIIA Agreement

If you live in California and you want to write a Confidentiality, Invention Assignment, and Non-Competition Agreement (CIA), here is a simple guide to help you out. First, you should clearly state that the agreement is a CIA. Then, describe its purpose, which is to protect confidential information, inventions, and prevent competition. Make sure to define what confidential information means and explain how it should be handled. Include a clause that assigns any inventions or creations made by the employee during their employment to the employer. The agreement should also have a non-competition clause to prevent the employee from competing with the employer after they leave the company. Finally, both parties should sign and date the CIA to make it legally binding.


Step 1 – Invention Assignment

In California, when you create something new or come up with an idea while working for a company, it's important to understand Step 1 — Invention Assignment. This means that any invention or innovation you make during your employment generally belongs to the company you work for, and not to you personally. This assignment ensures that the company has the rights and ownership over any valuable intellectual property you create while working for them. It's a way of protecting their investment in you as an employee and the work you do for them. So, it's crucial to be aware of and comply with this assignment to avoid any disputes or legal issues down the line.