Disclosure to Company; Inventions as Sole Property of the. Company. ------- (i) Executive agrees promptly to disclose to the Company any and all inventions, discoveries, improvements, trade secrets, formulas, techniques, processes, and know-how, whether or not subject to patent, trademark, copyright, trade secret or mask work protection and whether or not reduced to practice, conceived or learned by Executive during his employment with the Company or any subsidiary or affiliate of the Company (including periods prior to date hereof), either alone or jointly with others, which relate to or result from the actual or anticipated business, work, research or investigations of the Company or any subsidiary or affiliate of the Company, or which result, to any extent, from its use of the Company's premises or property (the work being hereinafter collectively referred to as the "Inventions"). ---------- (ii) Executive acknowledges and agrees that all the Inventions shall be the sole property of the Company or any other entity designated by it and Executive hereby assigns to the Company his entire right and interest in and to all the Inventions; provided, however, that such assignment does not apply to any Invention which qualifies under the provisions of Section 2870 of the California Labor Code. The Company or any other entity designated by it shall be the sole owner of all domestic and foreign rights pertaining to the Inventions. Executive further agrees as to all the Inventions to assist the Company or entity designated by it in every way (at the Company's expense) to obtain and from time to time enforce patents on the Inventions in any and all countries. To that end, by way of illustration but not limitation, Executive will testify in any suit or other proceeding involving any of the Inventions, execute all documents which the Company reasonably determines to be necessary or convenient for use in applying for and obtaining patents thereon and enforcing same, and execute all necessary assignments thereof to the Company or entity designated by it. Executive's obligation to assist the Company or entity designated by it in obtaining and enforcing patents for the Inventions shall continue beyond the termination of his employment with the Company, but the Company shall compensate Executive at a reasonable rate after such termination for the time actually spent by Executive at the Company's request on such assistance.
Appears in 2 contracts
Samples: Employment Agreement (Therma Wave Inc), Employment Agreement (Therma Wave Inc)
Disclosure to Company; Inventions as Sole Property of the. Company. ---------------
(i) Executive agrees promptly to disclose to the Company any and all inventions, discoveries, improvements, trade secrets, formulas, techniques, processes, and know-how, whether or not subject to patent, trademark, copyright, trade secret or mask work protection and whether or not reduced to practice, conceived or learned by Executive during his employment with the Company or any subsidiary or affiliate of the Company (including periods prior to date hereof), either alone or jointly with others, which relate to or result from the actual or anticipated business, work, research or investigations of the Company or any subsidiary or affiliate of the Company, or which result, to any extent, from its use of the Company's premises or property (the work being hereinafter collectively referred to as the "Inventions"). ---------------------
(ii) Executive acknowledges and agrees that all the Inventions shall be the sole property of the Company or any other entity designated by it and Executive hereby assigns to the Company his entire right and interest in and to all the Inventions; provided, however, that such assignment does not apply to any Invention which qualifies under the provisions of Section 2870 of the California Labor Code. The Company or any other entity designated by it shall be the sole owner of all domestic and foreign rights pertaining to the Inventions. Executive further agrees as to all the Inventions to assist the Company or entity designated by it in every way (at the Company's expense) to obtain and from time to time enforce patents on the Inventions in any and all countries. To that end, by way of illustration but not limitation, Executive will testify in any suit or other proceeding involving any of the Inventions, execute all documents which the Company reasonably determines to be necessary or convenient for use in applying for and obtaining patents thereon and enforcing same, and execute all necessary assignments thereof to the Company or entity designated by it. Executive's obligation to assist the Company or entity designated by it in obtaining and enforcing patents for the Inventions shall continue beyond the termination of his employment with the Company, but the Company shall compensate Executive at a reasonable rate after such termination for the time actually spent by Executive at the Company's request on such assistance.
Appears in 2 contracts
Samples: Employment Agreement (Therma Wave Inc), Employment Agreement (Therma Wave Inc)
Disclosure to Company; Inventions as Sole Property of the. Company. ---------------
(i) Executive agrees promptly to disclose to the Company any and all inventions, discoveries, improvements, trade secrets, formulas, techniques, processes, and know-how, whether or not subject to patent, trademark, copyright, trade secret or mask work protection and whether or not reduced to practice, conceived or learned by Executive during his employment with the Company or any subsidiary or affiliate of the Company (including periods prior to date hereofthe Effective Date of this Agreement), either alone or jointly with others, which relate to or result from the actual or anticipated planned business, work, research or investigations of the Company or any subsidiary or affiliate of the Company, or which result, to any material extent, from its use of the Company's premises or property (the work being hereinafter collectively referred to as the "Inventions"). ----------
(ii) Executive acknowledges and agrees that all the Inventions shall be the sole property of the Company or any other entity designated by it and Executive hereby assigns to the Company his entire right and interest in and to all the Inventions; provided, however, that such assignment does not apply to any Invention which qualifies under the provisions of Section 2870 of the California Labor Code. The Company or any other entity designated by it shall be the sole owner of all domestic and foreign rights pertaining to the Inventions. Executive further agrees as to all the Inventions to assist the Company or entity designated by it in every way (at the Company's expense) to obtain and from time to time enforce patents on the Inventions in any and all countries. To that end, by way of illustration but not limitation, Executive will testify in any suit or other proceeding involving any of the Inventions, execute all documents which the Company reasonably determines to be necessary or convenient for use in applying for and obtaining patents thereon and enforcing same, and execute all necessary assignments thereof to the Company or entity designated by it. Executive's obligation to assist the Company or entity designated by it in obtaining and enforcing patents for the Inventions shall continue for a period of eight years beyond the termination of his employment with the Company, but the Company shall compensate Executive at a reasonable rate (including all expenses and loss of income) after such termination for the time actually spent by Executive at the Company's request on such assistance.
Appears in 2 contracts
Samples: Employment Agreement (Therma Wave Inc), Employment Agreement (Therma Wave Inc)