Common use of Inventions Assignment Clause in Contracts

Inventions Assignment. All rights to discoveries, inventions, improvements and innovations (including all data and records pertaining thereto) related to the business of any of the Companies as conducted at the time of the discovery, invention, improvement or innovation, whether or not patentable, copyrightable or reduced to writing, that the Employee may discover, invent or originate during the term of his employment hereunder, and for a period of six (6) months thereafter, either alone or with others and whether or not during working hours or by the use of the facilities of any of the Companies or any of their affiliates (“Inventions”), shall be the exclusive property of the Employer and/or the other Companies. The Employee shall promptly disclose all Inventions to the Employer, shall execute at the request of the Employer any assignments or other documents the Employer may reasonably deem necessary to protect or perfect the Companies’ rights therein, and shall assist the Employer, at the Employer’s expense, in obtaining, defending and enforcing the Companies’ rights therein. The Employee hereby appoints the Employer as his attorney-in-fact to execute on his behalf any assignments or other documents reasonably deemed necessary by the Employer to protect or perfect its rights to any Inventions. The Employee hereby acknowledges and confirms that he understands that this assignment of Inventions is limited by California Labor Code Section 2870, which provides: (a) Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either: (1) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or (2) Result from any work performed by the employee for the employer. (b) To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of this state and is unenforceable.” Nothing in this Agreement is intended to expand the scope of protection provided the Employee by Sections 2870 through 2872 of the California Labor Code.

Appears in 4 contracts

Samples: Employment Agreement (Geovera Insurance Holdings, Ltd.), Employment Agreement (Geovera Insurance Holdings, Ltd.), Employment Agreement (Geovera Insurance Holdings, Ltd.)

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Inventions Assignment. All rights to discoveries, inventions, improvements and innovations (including all data and records pertaining thereto) related to the business of any of the Companies as conducted at the time of the discovery, invention, improvement or innovation, whether or not patentable, copyrightable or reduced to writing, that the Employee may discover, invent or originate during the term of his employment hereunder, and for a period of six (6) months thereafter, either alone or with others and whether or not during working hours or by the use of the facilities of any of the Companies or any of their affiliates (“Inventions”), shall be the exclusive property of the Employer and/or the other Companies. The Employee shall promptly disclose all Inventions to the Employer, shall execute at the request of the Employer any assignments or other documents the Employer may reasonably deem necessary to protect or perfect the Companies’ rights therein, and shall assist the Employer, at the Employer’s expense, in obtaining, defending and enforcing the Companies’ rights therein. The Employee hereby appoints the Employer as his attorney-in-fact to execute on his behalf any assignments or other documents reasonably deemed necessary by the Employer to protect or perfect its rights to any Inventions. The Employee hereby acknowledges and confirms agrees that he understands that this assignment the Employer shall have a complete, absolute and exclusive right, title, and interest in and for any and all inventions, discoveries, ideas, designs, copyrightable works, original works of Inventions is limited authorship, developments, improvements, concepts, technical developments, technical methods, technical improvements, know-how, procedures, trademarks, trade secrets, and other productions or items containing intellectual properties of any nature, whether or not patentable or otherwise registrable under the laws of any country, and whether or not reduced to practice, made or conceived by California Labor Code Section 2870the Employee, which provides: whether solely by the Employee or jointly with others, (a) Any provision during the period of the Employee’s employment with the Employer, (i) that are related in an employment agreement which provides that an employee shall assignany manner to the actual or demonstrably anticipated business, work, or offer to assign, research and development of the Employer or any of his its Affiliates or her rights (ii) that are developed in an invention to his whole or her employer shall not apply to an invention in part during the Employee’s working hours with the Employer or that used any of the employee developed entirely on his or her own time without using the employerEmployer’s equipment, supplies, facilitiesfacilities or Confidential Information, (iii) that result from or trade secret information except for those inventions that either: (1) Relate at the time of conception or reduction to practice of the invention are implied by any task assigned to the employer’s business, Employee or actual or demonstrably anticipated research or development of the employer; or (2) Result from any work performed by the employee Employee for or on behalf of the employer. Employer or within the scope of Employee’s duties and responsibilities with the Employer, and (b) To within one (1) year after the extent a provision termination of employment, that are related to any of the Employee’s activities during her/his employment with the Employer (collectively referred to as “Inventions”). The Employee understands and agrees that the Employer is entitled to decide, using its sole discretion, whether or not to sell or commercialize any Invention. In the event that the Employee has any right or title to or interest in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a)any Invention, the provision is Employee hereby assigns such right, title or interest to the Employer. In the event that the Employee cannot assign any right or title to or interest in any Invention to the Employer, the Employee hereby grants the Employer an exclusive, royalty-free, assignable, irrevocable and worldwide license (including the right to sublicense through multilayered sublicensing) to exercise such right, title and interest that the Employee cannot assign to the Employer. If the Employee can neither assign nor license to the Employer any right, title or interest the Employee may have to or in any Invention, the Employee hereby irrevocably waives her/his right to assert such right, title or interest and agrees that the Employee will never assert any claims against the public policy Employer or any successors of this state and is unenforceable.” Nothing in this Agreement is intended such entities with respect to expand the scope of protection provided such right, title or interest that the Employee by Sections 2870 through 2872 of can neither assign nor license to the California Labor CodeEmployer.

Appears in 1 contract

Samples: Employment Contract (iPower Inc.)

Inventions Assignment. All rights to discoveries, inventions, improvements and innovations (including all data and records pertaining thereto) related to the business of any of the Companies as conducted at the time of the discovery, invention, improvement or innovation, whether or not patentable, copyrightable or reduced to writing, that the Employee may discover, invent or originate during the term of his her employment hereunder, and for a period of six (6) months thereafter, either alone or with others and whether or not during working hours or by the use of the facilities of any of the Companies or any of their affiliates (“Inventions”), shall be the exclusive property of the Employer and/or the other Companies. The Employee shall promptly disclose all Inventions to the Employer, shall execute at the request of the Employer any assignments or other documents the Employer may reasonably deem necessary to protect or perfect the Companies’ rights therein, and shall assist the Employer, at the Employer’s expense, in obtaining, defending and enforcing the Companies’ rights therein. The Employee hereby appoints the Employer as his attorney-in-fact to execute on his behalf any assignments or other documents reasonably deemed necessary by the Employer to protect or perfect its rights to any Inventions. The Employee hereby acknowledges and confirms that he she understands that this assignment of Inventions is limited by California Labor Code Section 2870, which provides: (a) Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either: (1) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or (2) Result from any work performed by the employee for the employer. (b) To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of this state and is unenforceable.” Nothing in this Agreement is intended to expand the scope of protection provided the Employee by Sections 2870 through 2872 of the California Labor Code.

Appears in 1 contract

Samples: Employment Agreement (Geovera Insurance Holdings, Ltd.)

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Inventions Assignment. All rights to (a) The Executive acknowledges that all discoveries, concepts, ideas, inventions, improvements innovations, improvements, developments, methods, designs, analyses, drawings, reports, patent applications, copyrightable work and innovations mask work (whether or not including any Confidential Information) and all data registrations or applications related thereto, all other proprietary information and records pertaining thereto) all similar or related to the business of any of the Companies as conducted at the time of the discovery, invention, improvement or innovation, information (whether or not patentable) which relate to the Company’s, copyrightable or reduced to writing, that the Employee may discover, invent or originate during the term of his employment hereunder, and for a period of six (6) months thereafter, either alone or with others and whether or not during working hours or by the use of the facilities of any of the Companies Parent’s or any of their affiliates respective subsidiaries’ or affiliates’ actual or anticipated business, research and development or existing or future products or services and which are conceived, developed or made by the Executive (whether alone or jointly with others) while employed by the Company, the Parent and their respective subsidiaries, whether before or after the date of this Agreement (“InventionsWork Product”), shall be belong to the exclusive property of Company, the Employer and/or the other CompaniesParent or such subsidiary. The Employee Executive shall promptly disclose all Inventions such Work Product to the Employer, shall execute at the request of the Employer any assignments or other documents the Employer may reasonably deem necessary to protect or perfect the Companies’ rights therein, and shall assist the EmployerParent Board and, at the EmployerCompany’s expense, in obtainingperform all actions reasonably requested by the Parent Board (whether during or after the Employment Term) to establish and confirm such ownership (including assignments, defending consents, powers of attorney and enforcing the Companies’ rights thereinother instruments). The Employee hereby appoints Executive acknowledges that all Work Product shall be deemed to constitute “works made for hire” under the Employer U.S. Copyright Act of 1976, as amended. The Executive has identified all Work Product that is or was owned by him or was written, discovered, made, conceived or first reduced to practice by him alone or jointly with another person prior to his attorney-in-fact employment under this Agreement. If no such Work Product is identified, the Executive represents to execute on his behalf the Company that he does not now nor has he ever owned, nor has he made, any assignments or other documents reasonably deemed necessary by such Work Product. (b) The Executive understands that the Employer provisions of this Agreement requiring assignment of intellectual property to protect or perfect its rights the Company as provided in this Section 8 do not apply to any Inventions. The Employee hereby acknowledges and confirms that he understands that this assignment invention which qualifies fully under the provisions of Inventions is limited by California Labor Code Section 2870, which . The Executive will advise the Company promptly in writing of any inventions that he believes meet the criteria in California Labor Code Section 2870. The Executive understands that Section 2870 provides: (a) : “Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either: : (1) Relate relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or or (2) Result result from any work performed by the employee for the employer. (b) To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of this state and is unenforceable.” Nothing in this Agreement is intended to expand the scope of protection provided the Employee by Sections 2870 through 2872 of the California Labor Code.

Appears in 1 contract

Samples: Employment Agreement (Zone Mining LTD)

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