Court TV's Legal Cafe: Sample Intellectual Property Assignment

Sample Intellectual Property Assignment Form

About This Form
An intellectual property assignment transfers rights in tangible property or intangible rights from the owner to another. Intellectual property is the underlying intangible ideas or processes embodied in a material object, it includes, copyrights, trade secrets, patents, trademarks, and chips. Since the late 1980's software has also been protected by patent and copyright laws. State parties to the assignment and the subject matter of the assignment explicitly. The creator of the idea, is the owner of the of the intangible right unless he expressly assigns his rights to another. In an assignment the owner of the right conveys his right to another through the execution of a written assignment.

This assignment can be used in the context of an employee-employer relationship or otherwise. When the assignment is between an employer and employee, the rights to works produced during the employment relationship belong to the employer. A consultant or independent contractor may assign their rights in intellectual property to the one who hired them.

If the consultant or contractor is using subcontractors or does business as a corporation or partnership make sure these entities also sign an assignment, so they will not make claims n the future about rights ownership.

INTELLECTUAL PROPERTY ASSIGNMENT

This agreement is entered into on [AGREEMENT DATE] by and between [EMPLOYEE] , hereinafter "Employee" a Corporation located at [EMPLOYEE CITY] , [EMPLOYEE STATE] , [EMPLOYEE ZIP CODE] AND [EMPLOYER] hereinafter "Employer" a Corporation located at [EMPLOYER ADDRESS] , [EMPLOYER CSZ] .

For good and valuable consideration received under this agreement, I agree to assign to Employer all of my rights, title, and interest (including but not limited to all patent, copyright and trade secret rights) in and to all inventions, discoveries, improvements, ideas, computer and other apparatus programs and works of authorship hereinafter "Intellectual Property" prepared by me, whether patentable or not made or conceived in whole or in part by me within during the term of this agreement.

In consideration of my employment by employer or any of its affiliates and my continued employment during such time as may be mutually agreeable and of the opportunity to receive Employer's confidential or proprietary information and for other good and valuable consideration, I agree to assign to my employer all of my rights title, and interest(including but not limited to all patent, copyright and trade secret rights) in and to all Intellectual Property prepared by me, whether patentable or not made or conceived in whole or in part by me within during the term of this agreement.

I acknowledge that all Intellectual Property prepared by me within the scope of my employment with the Employer are works made for hire and consequently the Employer owns all copyrights and patents to them.

I acknowledge receipt of notice that his assignment does not apply to an invention for which no equipment, supplies, facility or trade secret of the Employer was used and which was developed entirely on my own time, unless {a} the invention relates to the [1] business of the company or [ii] to the Company actual or demonstrably anticipated research or development, or {b] the invention results from any work performed by me for the company.

I will execute all documents requested by the Company to further evidence the forgoing assignment and to provide all reasonable assistance to the company at its expense in securing a patent, copyright or other form of protection for said Intellectual property.

Upon termination of my employment with the Company for any reason, or at any time upon the request of the Company, I agree to deliver to the Company all materials of any nature in my possession or control which are or contain Confidential Information or which are otherwise the property of the Company or of any Company vendor, licenser or client including , but not limited to writing, designs, documents, records, data, memoranda, tapes and disks containing information.

I acknowledge that copyrights created in the Intellectual Property created within the scope of my employment belong to the Employer under federal, state and local law.

_________________________       BY:______________________
[EMPLOYEE]                                      [EMPLOYER] 
           
Its____________________


DATE___________________

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