Common use of Inventions and Discoveries Clause in Contracts

Inventions and Discoveries. Executive agrees to promptly disclose in writing to the Board all ideas, processes, methods, devices, business concepts, inventions, improvements, discoveries, know-how, and other creative achievements (hereinafter referred to collectively as “Discoveries”), whether or not the same or any part thereof is capable of being patented, trademarked, copyrighted, or otherwise protected, which Executive, while employed with the Company, as well as those communicated to Executive by other employees/consultants of the Company, conceives, makes, develops, acquires or reduces to practice, whether acting alone or with others and whether during or after usual working hours, and which are related in any way to the Company’s business or interests. Executive hereby transfers and assigns to the Company in perpetuity all right, title and interest in and to such Discoveries, including but not limited to, any and all domestic and foreign copyrights and patent and trademark rights therein and any renewals thereof, all of which are hereby deemed provided to the Company as a “Work for Hire” without claim by Executive. On request of the Company, Executive will, without any additional compensation, whether during the Term or afterwards, execute such further instruments (including, without limitation, applications for copyrights, letters patent, trademarks and assignments thereof in any and all countries) and do all such other acts and things as may be deemed necessary or desirable by the Company to protect and/or enforce its right in respect of such Discoveries. All expenses of filing or prosecuting any patent, trademark or copyright application shall be borne by the Company, but Executive shall cooperate in filing and/or prosecuting any such application. In the event the Company is unable, after reasonable effort, to obtain Executive’s signature on any such documents, Executive hereby irrevocably designates and appoints the Company as his agent and attorney-in-fact, to act for and on Executive’s behalf solely to execute and file any such application or other document and do all other lawfully permitted acts to further the prosecution and issuance of patents, copyrights, or other intellectual property protection related to the Discoveries with the same legal force and effect as if Executive had executed them. Executive agrees that this power of attorney is coupled with an interest.

Inventions and Discoveries. Executive The Employee agrees to promptly disclose in writing fully and freely (and without expense to the Board all ideas, processes, methods, devices, business concepts, inventions, improvements, discoveries, know-how, and other creative achievements (hereinafter referred Company during the Term) communicate to collectively as “Discoveries”), whether or not the same or any part thereof is capable of being patented, trademarked, copyrighted, or otherwise protected, which Executive, while employed with the Company, as well as those communicated and the Employee assigns to Executive by other employees/consultants of the Company, conceivesall Intangible Property. All Intangible Property shall be the sole and exclusive property of the Company and, makes, develops, acquires upon its request at any time or reduces from time to practice, whether acting alone or with others and whether time during the term or after usual working hoursthe termination of the Employee's employment, and which are related in any way to the Company’s business or interests. Executive hereby transfers and assigns Employee shall deliver to the Company all designs, drawings, sketches, models, prototypes, notes and other data and records relating to the Intangible Property, that may be in perpetuity his possession or otherwise available to him. The Employee agrees that he will at all times (both during the continuance of his employment hereunder and at all times thereafter provided the Company pays for all reasonable and approved expenses related thereto) take all action and execute and file all such documents to assist the Company or its assignees in every way to protect the rights of the Company or its assignees under this paragraph and to vest in the Company or its assignees the entire right, title title, interest and interest benefits (including without limitation patent and copyright rights) in and to such Discoveries, including but not limited to, any and all domestic and foreign copyrights and patent and trademark rights therein and of the Intangible Property. The Employee shall not (either during the continuance of his employment hereunder or at any renewals thereoftime thereafter) disclose any of the Intangible Property to any person, all firm or company or use any of which are hereby deemed provided the Intangible Property for his own purposes, to the Company as a “Work for Hire” without claim by Executive. On request detriment of the Company, Executive will, without Company or for any additional compensation, whether during the Term or afterwards, execute such further instruments (including, without limitation, applications for copyrights, letters patent, trademarks and assignments thereof in any and all countries) and do all such purpose other acts and things as may be deemed necessary or desirable by than those of the Company to protect and/or enforce and its right in respect affiliates. Without limiting the foregoing, Employee recognizes and understands that Employee's duties at the Company may include the preparation of materials, including without limitation written or graphic materials, and that any such Discoveries. All expenses of filing materials conceived or prosecuting any patent, trademark or copyright application written by Employee shall be borne by done as "work made for hire as defined and used in the CompanyUnited States Copyright Act of 1976, but Executive shall cooperate in filing and/or prosecuting any such application17 U.S.C. ss. et seq.". In the event of publication of such materials, Employee understands that since the work is a "work made for hire", the Company is unablewill solely retain and own all rights in said materials, after reasonable effort, to obtain Executive’s signature on any such documents, Executive hereby irrevocably designates and appoints the Company as his agent and attorney-in-fact, to act for and on Executive’s behalf solely to execute and file any such application or other document and do all other lawfully permitted acts to further the prosecution and issuance including right of patents, copyrights, or other intellectual property protection related to the Discoveries with the same legal force and effect as if Executive had executed them. Executive agrees that this power of attorney is coupled with an interestcopyright.

Inventions and Discoveries. Executive The Employee agrees to promptly disclose in writing fully and freely (and without expense to the Board all ideas, processes, methods, devices, business concepts, inventions, improvements, discoveries, know-how, and other creative achievements (hereinafter referred Company during the Term) communicate to collectively as “Discoveries”), whether or not the same or any part thereof is capable of being patented, trademarked, copyrighted, or otherwise protected, which Executive, while employed with the Company, as well as those communicated and the Employee assigns to Executive by other employees/consultants of the Company, conceivesall Intangible Property. All Intangible Property shall be the sole and exclusive property of the Company and, makes, develops, acquires upon its request at any time or reduces from time to practice, whether acting alone or with others and whether time during the term or after usual working hoursthe termination of the Employee's employment, and which are related in any way to the Company’s business or interests. Executive hereby transfers and assigns Employee shall deliver to the Company all designs, drawings, sketches, models, prototypes, notes and other data and records relating to the Intangible Property, that may be in perpetuity his possession or otherwise available to him. The Employee agrees that he will at all times (both during the continuance of his employment hereunder and at all times thereafter provided the Company pays for all reasonable and approved expenses related thereto) take all action and execute and file all such documents to assist the Company or its assignees in every way to protect the rights of the Company or its assignees under this paragraph and to vest in the Company or its assignees the entire right, title title, interest and interest benefits (including without limitation patent and copyright rights) in and to such Discoveries, including but not limited to, any and all domestic and foreign copyrights and patent and trademark rights therein and of the Intangible Property. The Employee shall not (either during the continuance of his employment hereunder or at any renewals thereoftime thereafter) disclose any of the Intangible Property to any person, all firm or company or use any of which are hereby deemed provided the Intangible Property for his own purposes, to the Company as a “Work for Hire” without claim by Executive. On request detriment of the Company, Executive will, without Company or for any additional compensation, whether during the Term or afterwards, execute such further instruments (including, without limitation, applications for copyrights, letters patent, trademarks and assignments thereof in any and all countries) and do all such purpose other acts and things as may be deemed necessary or desirable by than those of the Company to protect and/or enforce and its right in respect affiliates. Without limiting the foregoing, Employee recognizes and understands that Employee’s duties at the Company may include the preparation of materials, including without limitation written or graphic materials, and that any such Discoveries. All expenses of filing materials conceived or prosecuting any patent, trademark or copyright application written by Employee shall be borne by done as "work made for hire as defined and used in the CompanyUnited States Copyright Act of 1976, but Executive shall cooperate in filing and/or prosecuting any such application17 U.S.C. § et seq.". In the event of publication of such materials, Employee understands that since the work is a "work made for hire", the Company is unablewill solely retain and own all rights in said materials, after reasonable effort, to obtain Executive’s signature on any such documents, Executive hereby irrevocably designates and appoints the Company as his agent and attorney-in-fact, to act for and on Executive’s behalf solely to execute and file any such application or other document and do all other lawfully permitted acts to further the prosecution and issuance including right of patents, copyrights, or other intellectual property protection related to the Discoveries with the same legal force and effect as if Executive had executed them. Executive agrees that this power of attorney is coupled with an interestcopyright.

Inventions and Discoveries. Executive The Employee agrees to promptly disclose in writing fully and freely (and without expense to the Board all ideas, processes, methods, devices, business concepts, inventions, improvements, discoveries, know-how, and other creative achievements (hereinafter referred Company during the Term) communicate to collectively as “Discoveries”), whether or not the same or any part thereof is capable of being patented, trademarked, copyrighted, or otherwise protected, which Executive, while employed with the Company, as well as those communicated and the Employee assigns to Executive by other employees/consultants of the Company, conceivesall Intangible Property. All Intangible Property shall be the sole and exclusive property of the Company and, makes, develops, acquires upon its request at any time or reduces from time to practice, whether acting alone or with others and whether time during the term or after usual working hoursthe termination of the Employee's employment, and which are related in any way to the Company’s business or interests. Executive hereby transfers and assigns Employee shall deliver to the Company all designs, drawings, sketches, models, prototypes, notes and other data and records relating to the Intangible Property, that may be in perpetuity his possession or otherwise available to him. The Employee agrees that he will at all times (both during the continuance of his employment hereunder and at all times thereafter provided the Company pays for all reasonable and approved expenses related thereto) take all action and execute and file all such documents to assist the Company or its assignees in every way to protect the rights of the Company or its assignees under this paragraph and to vest in the Company or its assignees the entire right, title title, interest and interest benefits (including without limitation patent and copyright rights) in and to such Discoveries, including but not limited to, any and all domestic and foreign copyrights and patent and trademark rights therein and of the Intangible Property. The Employee shall not (either during the continuance of his employment hereunder or at any renewals thereoftime thereafter) disclose any of the Intangible Property to any person, all firm or company or use any of which are hereby deemed provided the Intangible Property for his own purposes, to the Company as a “Work for Hire” without claim by Executive. On request detriment of the Company, Executive will, without Company or for any additional compensation, whether during the Term or afterwards, execute such further instruments (including, without limitation, applications for copyrights, letters patent, trademarks and assignments thereof in any and all countries) and do all such purpose other acts and things as may be deemed necessary or desirable by than those of the Company to protect and/or enforce and its right in respect affiliates. Without limiting the foregoing, Employee recognizes and understands that Employee 's duties at the Company may include the preparation of materials, including without limitation written or graphic materials, and that any such Discoveries. All expenses of filing materials conceived or prosecuting any patent, trademark or copyright application written by Employee shall be borne by done as "work made for hire as defined and used in the CompanyUnited States Copyright Act of 1976, but Executive shall cooperate in filing and/or prosecuting any such application17 U.S.C. ss. et seq.". In the event of publication of such materials, Employee understands that since the work is a "work made for hire", the Company is unablewill solely retain and own all rights in said materials, after reasonable effort, to obtain Executive’s signature on any such documents, Executive hereby irrevocably designates and appoints the Company as his agent and attorney-in-fact, to act for and on Executive’s behalf solely to execute and file any such application or other document and do all other lawfully permitted acts to further the prosecution and issuance including right of patents, copyrights, or other intellectual property protection related to the Discoveries with the same legal force and effect as if Executive had executed them. Executive agrees that this power of attorney is coupled with an interestcopyright.

Inventions and Discoveries. Executive agrees promptly to promptly disclose in writing to the Board all ideas, processes, methods, devices, business concepts, inventions, improvements, discoveries, know-how, Company and to no other creative achievements (hereinafter referred to collectively as “Discoveries”), whether person or not the same or any part thereof is capable of being patented, trademarked, copyrighted, or otherwise protected, which Executive, while employed with entity without the Company’s permission any invention or discovery made by her during the period of time that this Agreement remains in full force and effect, as well as those communicated to Executive by other employees/consultants of the Company, conceives, makes, develops, acquires or reduces to practice, whether acting alone or with others and whether during or after usual working hours, and which are related in any way business in which the Company is then engaged or which otherwise relates to any product or service dealt in by the Company and such inventions and discoveries shall be the Company’s business or interestssole property. Executive acknowledges that any such invention or discovery developed by her and any intellectual property rights relating thereto shall be considered as “work performed for hire.” In the event that any such intellectual property rights are not, for any reason, deemed work performed for hire, Executive hereby transfers and assigns to the Company in perpetuity any and all of her right, title and interest therein to the Company. Upon the Company’s request, Executive shall execute and assign to the Company all applications for copyrights and letters patent of the United States and such foreign countries as the Company may designate, and Executive shall execute and deliver to the Company such other documents or instruments as the Company deems necessary to confirm the Company’s sole ownership of all rights, title and interest in and to such Discoveriesinventions and discoveries, including but as well as all copyrights and/or patents. In the event that Executive does not limited toexecute any such documents or take any such actions, she hereby appoints the Company as her attorney in fact to sign any such documents, and take any such actions, on her behalf. The Executive further agrees that the Company is not required to designate Executive as an author of or contributor to any Invention or to secure Executive’s permission to change or otherwise alter any Invention. If services in connection with applications for copyrights and/or patents are performed by Executive at the Company’s request after the termination of her employment hereunder, the Company shall pay her reasonable compensation for such services rendered after termination of this Agreement. Executive hereby waives, for the benefit of all persons, any and all domestic right, title and foreign copyrights and patent and trademark rights therein and any renewals thereof, all interest in the nature of which are hereby deemed provided “moral rights” or “droit moral” granted to the Company as a “Work for Hire” without claim by Executive. On request of the Company, Executive will, without any additional compensation, whether during the Term or afterwards, execute such further instruments (including, without limitation, applications for copyrights, letters patent, trademarks and assignments thereof her in any and all countries) and do all such other acts and things as may be deemed necessary or desirable by country in the Company to protect and/or enforce its right world in respect of such Discoveries. All expenses of filing or prosecuting any patent, trademark or copyright application shall be borne by the Company, but Executive shall cooperate in filing and/or prosecuting any such application. In the event the Company is unable, after reasonable effort, to obtain Executive’s signature on any such documents, Executive hereby irrevocably designates and appoints the Company as his agent and attorney-in-fact, to act for and on Executive’s behalf solely to execute and file any such application or other document and do all other lawfully permitted acts to further the prosecution and issuance of patents, copyrights, or other intellectual property protection related to the Discoveries connection with the same legal force and effect as if Executive had executed them. Executive agrees that this power of attorney is coupled with an interestInventions.

Inventions and Discoveries. Executive agrees to promptly disclose in writing to the Board all ideas, processes, methods, devices, business concepts, inventions, improvements, discoveries, know-how, and other creative achievements (hereinafter referred to collectively as “Discoveries”), whether or not the same or any part thereof is capable of being patented, trademarked, copyrighted, or otherwise protected, which Executive, while employed with the Company, as well as those communicated to Executive by other employees/consultants of the Company, conceives, makes, develops, acquires or reduces to practice, whether acting alone or with others and whether during or after usual working hours, and which are related in any way to the Company’s business or interests. Executive hereby transfers and assigns to the Company in perpetuity all right, title and interest in and to such Discoveries, including but not limited to, any and all domestic and foreign copyrights and patent and trademark rights therein and any renewals thereof, all of which are hereby deemed provided to the Company as a “Work for Hire” without claim by Executive. On request of the Company, Executive will, without any additional compensation, whether during the Term or afterwards, execute such further instruments (including, without limitation, applications for copyrights, letters patent, trademarks and assignments thereof in any and all countries) and do all such other acts and things as may be deemed necessary or desirable by the Company to protect and/or enforce its right in respect of such Discoveries. All expenses of filing or prosecuting any patent, trademark or copyright application shall be borne by the Company, but Executive shall cooperate in filing and/or prosecuting any such application. In the event the Company is unable, after reasonable effort, to obtain Executive’s signature on any such documents, Executive hereby irrevocably designates and appoints the Company as his her agent and attorney-in-fact, to act for and on Executive’s behalf solely to execute and file any such application or other document and do all other lawfully permitted acts to further the prosecution and issuance of patents, copyrights, or other intellectual property protection related to the Discoveries with the same legal force and effect as if Executive had executed them. Executive agrees that this power of attorney is coupled with an interest.

Inventions and Discoveries. The Executive recognizes and agrees to promptly disclose in writing to the Board that all ideas, processes, methods, devices, business concepts, inventions, improvementspatents, copyrights, copyright designs, trade secrets, trademarks, processes, discoveries, know-howenhancements, software, source code, catalogues, prints, business applications, plans, writings, and other creative achievements developments or improvements and all other intellectual property and proprietary rights and any derivative work based thereon (hereinafter referred to collectively as the “DiscoveriesInventions”)) made, conceived, or completed by the Executive, alone or with others, during the term of his employment, whether or not during working hours, that are within the same scope of the Company’s business operations or that relate to any of the Company’s work or projects (including any and all inventions based wholly or in part thereof is capable of being patented, trademarked, copyrighted, or otherwise protected, which upon ideas conceived during the Executive, while employed ’s employment with the Company), as well as are the sole and exclusive property of the Company. The Executive further agrees that (1) he will promptly disclose all Inventions to the Company and hereby assigns to the Company all present and future rights he has or may have in those communicated Inventions, including without limitation those relating to Executive by other employees/consultants patent, copyright, trademark or trade secrets; and (2) all of the Inventions eligible under the copyright laws are “work made for hire.” At the request of the Company, conceives, makes, develops, acquires or reduces the Executive will do all things deemed by the Company to practice, whether acting alone or with others and whether during or after usual working hours, and which are related in any way be reasonably necessary to perfect title to the Company’s business or interests. Executive hereby transfers and assigns to Inventions in the Company in perpetuity all right, title and interest in and to assist in obtaining for the Company such Discoveriespatents, copyrights or other protection as may be provided under law and desired by the Company, including but not limited to, to executing and signing any and all domestic and foreign copyrights and patent and trademark rights therein and any renewals thereofrelevant applications, all of which are hereby deemed provided assignments or other instruments. Notwithstanding the foregoing, pursuant to the Employee Patent Act, Illinois Public Act 83-493, the Company as a “Work hereby notifies the Executive that the provisions of this Paragraph 9 shall not apply to any Inventions for Hire” without claim by which no equipment, supplies, facility or trade secret information of the Company was used and which were developed entirely on the Executive. On request ’s own time, unless (1) the Invention relates (i) to the business of the Company, Executive will, without any additional compensation, whether during the Term or afterwards, execute such further instruments (including, without limitation, applications for copyrights, letters patent, trademarks and assignments thereof in any and all countriesii) and do all such other acts and things as may be deemed necessary to actual or desirable by the Company to protect and/or enforce its right in respect demonstrably anticipated research or development of such Discoveries. All expenses of filing or prosecuting any patent, trademark or copyright application shall be borne by the Company, but or (2) the Invention results from any work performed by the Executive shall cooperate in filing and/or prosecuting any such application. In for the event the Company is unable, after reasonable effort, to obtain Executive’s signature on any such documents, Executive hereby irrevocably designates and appoints the Company as his agent and attorney-in-fact, to act for and on Executive’s behalf solely to execute and file any such application or other document and do all other lawfully permitted acts to further the prosecution and issuance of patents, copyrights, or other intellectual property protection related to the Discoveries with the same legal force and effect as if Executive had executed them. Executive agrees that this power of attorney is coupled with an interestCompany.

Inventions and Discoveries. Irrespective of the German Act on Employee's Inventions (Arbeitnehmererfindungsgesetz) which shall remain applicable, Executive agrees to promptly (i) shall fully disclose in writing to the Board Company, and with all ideasnecessary detail for a complete understanding of the same, processesall developments, methodsknow-how, devices, business conceptsdiscoveries, inventions, improvements, discoveriesconcepts, knowideas, writings, formulae, processes and methods (whether copyrightable, patentable or otherwise) made, received, conceived, acquired or written during-howworking hours, or otherwise, by Executive during the period of his employment with, or rendering of advisory or consulting services to, the Company or any of its subsidiaries or other affiliates, solely or jointly with others in or relating to any activities of the Company or its subsidiaries or other affiliates known to him as a consequence of his employment or the rendering of advisory and other creative achievements consulting services hereunder (hereinafter referred to collectively as collectively, the “DiscoveriesSubject Matter”), whether or not the same or any part thereof is capable of being patentedand (ii) shall assign and transfer, trademarkedand agrees to assign and transfer, copyrighted, or otherwise protected, which Executive, while employed with to the Company, as well as those communicated to Executive by other employees/consultants of at the Company's expense, conceives, makes, develops, acquires or reduces to practice, whether acting alone or with others and whether during or after usual working hours, and which are related in any way to the Company’s business or interests. Executive hereby transfers and assigns to the Company in perpetuity all righthis rights, title and interest in and to such Discoveriesthe Subject Matter, including but not limited to, and Executive further agrees to deliver to the Company any and all domestic drawings, notes, specifications and foreign data relating to the Subject Matter, and to execute, acknowledge and deliver all such further papers, including applications for copyrights or patents, as may be necessary to obtain copyrights and patent and trademark rights therein and patents for any renewals thereof, all of which are hereby deemed provided to the Company as a “Work for Hire” without claim by Executive. On request of the Company, Executive will, without any additional compensation, whether during the Term or afterwards, execute such further instruments (including, without limitation, applications for copyrights, letters patent, trademarks and assignments thereof in any and all countries) countries and do all such other acts and things as may be deemed necessary or desirable by to vest title thereto to the Company. Executive shall assist the Company in obtaining such copyrights or patents during the term of this Agreement, and any time thereafter on reasonable notice and at mutually convenient times, and Executive agrees to protect and/or enforce its right testify in respect any prosecution or litigation involving any of such Discoveries. All expenses of filing or prosecuting any patentthe Subject Matter; provided, trademark or copyright application however, that Executive shall be borne by the Companyreasonably compensated for his time and reimbursed for any out-of-pocket expenses incurred in rendering such assistance or giving or preparing to give such testimony. BIRD & BIRD 7/10 Employment Agreement Eugen Barteska The WAAT Corp. Execution Copy - May 9, but Executive shall cooperate in filing and/or prosecuting any such application. In the event the Company is unable, after reasonable effort, to obtain Executive’s signature on any such documents, Executive hereby irrevocably designates and appoints the Company as his agent and attorney-in-fact, to act for and on Executive’s behalf solely to execute and file any such application or other document and do all other lawfully permitted acts to further the prosecution and issuance of patents, copyrights, or other intellectual property protection related to the Discoveries with the same legal force and effect as if Executive had executed them. Executive agrees that this power of attorney is coupled with an interest.2006