Employers, especially those who do not work in the technology field, may be unpleasantly surprised to learn that a worker generally retains ownership and patent rights of what he or she invents while employed. However, the good news for Oregon employers is that they are free to close this rule and require their employees to entrust their patent rights to their employer as a condition of employment. In addition, unlike other states, Oregon does not have the legal protection of workers for such agreements, so no magic language or restriction is necessary. Advising Oregon employers in advance on the need to protect the ownership of this valuable intellectual property can save employers considerable costs, time and headaches along the way. As a condition for the employment of _____tochtergesellschaften, related companies, successors or beneficiaries of the assignment (together the « company ») and in view of the continuation of my work with the company and my continuation of the remuneration that will be paid to me now and in a future by the company and the agreement of the company in Section 2, point a) (i), I agree with the following conditions. , agreement on confidential information and the transfer of inventions (the « agreement »): there is no particular form of agreement relating to the transfer of the rights of invention from the worker to the employer. However, it is useful to include them in the hiring documents relating to other non-competition clauses, non-invitationals and confidentiality. The design tips are listed below: « The general rule is that an individual has the patent rights to the object for which he is the inventor, even though he designed or reduced it to practice during his employment. There are two exceptions to this rule: first, an employer holds the invention of a worker if the worker is a party to an explicit contract in this area; second, when a worker is hired to invent something or to solve a particular task, the ownership of the invention related to that burden may belong to the employer. These two exceptions are firmly rooted in the principles of contract law, which allow the parties to freely structure their affairs and obtain the benefits of all good deals. Banks v. Unisys Corp., 228 F.3d 1357, 1359 (Fed.
Cir. Overall, it is safer and easier for employers to apply the distribution rules in employment contracts. But there are limits to the use of these attribution rules that Washington companies (and their employees) should respect. Now we`re going to dig into the law, starting with terminology. When we talk about the possession of code and inventions, we are talking about copyright and patents (intellectual property or « IP »). A « transfer » is a transfer of all property rights to an IP address. Compare that to a « license » that is just one type of authorization for using an IP. Note: Other restricted states are California, Delaware, Illinois, Kansas, Minnesota, Nevada, North Carolina and Utah. Under Washington`s restrictions on RCW 49.44.140, an agreement to transfer a worker`s invention to the employer is not effective if the following four conditions are met: any provision of an employment contract for a worker to cede or cede to his employer his invention rights does not apply to an invention that the worker has fully developed at his own time without equipment , supplies, facilities or business secrets of the employer with the exception of inventions that: To answer these frequent questions, we first seek contracts.
If there was an agreement on the procurement of inventions, it will probably have our answers. If no contract has been signed, we will find ourselves in a confusion between state and federal rules. A company owns the copyright to « works that have been manufactured for rent. » These include: (a) any work done by a worker « in the course of his or her employment » and (b) the work of an independent contractor when the company receives an express written assignment.