Inventions Discovered by the Employee While Performing Services Hereunder. 8.1 During Employee’s employment with the Company, the Employee shall promptly disclose to the Company any Inventions, whether patentable, copyrightable or not, made, conceived, developed or first reduced to practice by the Employee, either alone or jointly with others, while performing services for the Company. Without limiting the foregoing, Employee also acknowledges that all original works of authorship which are made by Employee (solely or jointly with others) within the scope of the Employee’s employment or which relate to the business of the Company and which are protectable by copyright are “works made for hire” pursuant to the United States Copyright Act (17 U.S.C. § 101). Employee hereby assigns to the Company all of Employee’s right, title and interest in and to any such Inventions. During and after the Employee’s employment with the Company, the Employee shall execute any documents necessary to perfect the assignment of such Inventions to the Company and to enable the Company to apply for, obtain, and enforce patents and copyrights in any and all countries on such Inventions. The Employee hereby irrevocably designates the Chief Intellectual Property Officer of the Company, or other person performing such function, as Employee’s agent and attorney-in-fact to execute and file any such document and to do all lawful acts necessary to apply for and obtain patents and copyrights and to enforce the Company’s rights under this paragraph. 8.2 With respect to any Inventions, and work of any similar nature (from any source), whenever created, which Employee has not conceived, reduced to practice or developed during the period while Employee is performing services for the Company, but which Employee provides to the Company or incorporates in any Company product or system, Employee hereby grants to the Company a royalty-free, fully paid-up, non-exclusive, perpetual and irrevocable license throughout the world to use, modify, create derivative works from, disclose, publish, translate, reproduce, deliver, perform, sell, license, dispose of, and to authorize others so to do, all such Inventions. Employee shall not include in any Inventions Employee delivers to the Company or uses on its behalf, without the prior written approval of the Company, any material which is or shall be patented, copyrighted or trademarked by Employee or others unless Employee provides the Company with the written permission of the holder of any patent, copyright or trademark owner for the Company to use such material in a manner consistent with then-current Company policy. 8.3 This Section 8 shall survive the termination of Employee’s employment, regardless of the reason for termination.
Appears in 3 contracts
Samples: Executive Employment Agreement (Ariad Pharmaceuticals Inc), Executive Employment Agreement (Ariad Pharmaceuticals Inc), Executive Employment Agreement (Ariad Pharmaceuticals Inc)
Inventions Discovered by the Employee While Performing Services Hereunder. 8.1 During Employee’s employment with the Company, the Employee shall promptly disclose to the Company any Inventions, whether patentable, copyrightable or not, made, conceived, developed or first reduced to practice by the Employee, either alone or jointly with others, while performing services for the Company. Without limiting the foregoing, Employee also acknowledges that all original works of authorship which are made by Employee (solely or jointly with others) within the scope of the Employee’s employment or which relate to the business of the Company and which are protectable by copyright are “works made for hire” pursuant to the United States Copyright Act (17 U.S.C. § 101). Employee hereby assigns to the Company all of Employee’s right, title and interest in and to any such Inventions. During and after the Employee’s employment with the Company, the Employee shall execute any documents necessary to perfect the assignment of such Inventions to the Company and to enable the Company to apply for, obtain, and enforce patents patents, trademarks and copyrights in any and all countries on such Inventions. The Employee hereby irrevocably designates the Chief Intellectual Property Officer of the Company, or other person performing such function, as Employee’s agent and attorney-in-fact to execute and file any such document and to do all lawful acts necessary to apply for and obtain patents patents, trademarks and copyrights and to enforce the Company’s rights under this paragraph.
8.2 With respect to any Inventions, and work of any similar nature (from any source), whenever created, which Employee has not conceived, reduced to practice or developed during the period while Employee is performing services for the Company, but which Employee provides to the Company or incorporates in any Company product or system, Employee hereby grants to the Company a royalty-free, fully paid-up, non-exclusive, perpetual and irrevocable license throughout the world to use, modify, create derivative works from, disclose, publish, translate, reproduce, deliver, perform, sell, license, dispose of, and to authorize others so to do, all such Inventions. Employee shall not include in any Inventions Employee delivers to the Company or uses on its behalf, without the prior written approval of the Company, any material which is or shall be patented, copyrighted or trademarked by Employee or others unless Employee provides the Company with the written permission of the holder of any patent, copyright or trademark owner for the Company to use such material in a manner consistent with then-current Company policy.
8.3 This Section 8 shall survive the termination of Employee’s employment, regardless of the reason for termination.
Appears in 3 contracts
Samples: Executive Employment Agreement (Ariad Pharmaceuticals Inc), Executive Employment Agreement (Ariad Pharmaceuticals Inc), Executive Employment Agreement (Ariad Pharmaceuticals Inc)
Inventions Discovered by the Employee While Performing Services Hereunder. 8.1 During Employee’s employment with the CompanyTerm, the Employee shall promptly disclose to the Company any Inventionsinvention, improvement, discovery, process, formula, or method or other intellectual property, whether patentableor not patentable or copyrightable (collectively, copyrightable or not“Inventions”), made, conceived, developed conceived or first reduced to practice by the Employee, either alone or jointly with others, while performing services service hereunder; provided, however, that this Section 12 shall not apply to Inventions for which each of the following criteria are satisfied: (i) the Employee develops such Invention entirely on Employee’s own time without using the Company’s equipment, supplies, facilities, or trade secret information, (ii) the Invention does not relate at the time of conception or reduction to practice of the Invention to the Company’s business, or to the actual or demonstrably anticipated research or development of the Company, and (iii) the Invention does not result from any work performed by Employee for the Company. Without limiting the foregoing, Employee also acknowledges that all original works of authorship which are made by Employee (solely or jointly with others) within the scope of the Employee’s employment or which relate to the business of the Company and which are protectable by copyright are “works made for hire” pursuant to the United States Copyright Act (17 U.S.C. § 101). The Employee hereby assigns to the Company all of Employee’s his right, title and interest in and to any such Inventions. During and after the Employee’s employment with the CompanyTerm, the Employee shall execute any documents necessary to perfect the assignment of such Inventions to the Company and to enable the Company to apply for, obtain, and enforce patents and copyrights in any and all countries on such Inventions. The Employee hereby irrevocably designates the Chief Intellectual Property Officer of the Company, Company (or other person performing such function, similar executive) as Employee’s his agent and attorney-in-fact to execute and file any such document and to do all lawful acts necessary to apply for and obtain patents and copyrights and to enforce the Company’s rights under this paragraph.
8.2 With respect to any Inventions, and work of any similar nature (from any source), whenever created, which Employee has not conceived, reduced to practice or developed during the period while Employee is performing services for the Company, but which Employee provides to the Company or incorporates in any Company product or system, Employee hereby grants to the Company a royalty-free, fully paid-up, non-exclusive, perpetual and irrevocable license throughout the world to use, modify, create derivative works from, disclose, publish, translate, reproduce, deliver, perform, sell, license, dispose of, and to authorize others so to do, all such Inventions. The Employee shall not include in any Inventions Employee delivers continue to be bound by the Company or uses on its behalf, without the prior written approval terms of the Company, any material which is or shall be patented, copyrighted or trademarked by Employee or others unless Employee provides the Company with the written permission of the holder of any patent, copyright or trademark owner for the Company to use such material in a manner consistent with then-current Company policy.
8.3 This this Section 8 shall survive 12 following the termination of this Agreement, the Term or the Employee’s employment, regardless of the employment hereunder for any reason for terminationor no reason.
Appears in 1 contract
Samples: Executive Employment Agreement (Ariad Pharmaceuticals Inc)