Calypte's Ownership. The Employee agrees that all inventions, discoveries, improvements, trade secrets, formulae, techniques, processes, and know-how, whether or not patentable, and whether or not reduced to practice, that are conceived or developed during the Employee's employment with Calypte, either alone or jointly with others, if on Calypte's time, using Calypte's facilities, relating to Calypte or to its current or prospective business, shall be owned exclusively by Calypte, and the Employee hereby assigns to Calypte all the Employee's right, title, and interest in all such intellectual property. The Employee agrees that Calypte shall be the sole owner of all domestic and foreign patents or other rights pertaining thereto, and further agrees to execute all documents that Calypte reasonably determines to be necessary or convenient for use in applying for, prosecuting, perfecting, or enforcing patents or other intellectual property rights, including the execution of any assignments, patent applications, or other documents that Calypte may reasonably request. This provision is intended to apply only to the extent permitted by applicable law.
Section 6.1 shall not apply to inventions that the Employee has developed entirely on his own time without using Calypte's equipment, supplies, facilities, trade secret information or Confidential Information, except that Section 6.1 will apply to inventions that either (i) relate at the time of conception or reduction to practice of the invention to Calypte's business, or actual or demonstrably anticipated research or development of Calypte or (ii) result from any work that the Employee performed for Calypte. The Employee will advise Calypte promptly in writing of any inventions that the Employee believes meet the foregoing criteria.
