Common use of Inventions not Assigned Clause in Contracts

Inventions not Assigned. The parties agree that the assignment of inventions under this Agreement does not apply to an invention which qualifies fully for protection under Section 2870 of the California Labor Code, which states that "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[.]"

Appears in 3 contracts

Samples: Employment Agreement (Vaxgen Inc), Employment Agreement (Vaxgen Inc), Employment Agreement (Vaxgen Inc)

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Inventions not Assigned. The parties agree that the assignment of inventions under this Agreement does not apply to an invention which qualifies fully for protection under Section 2870 of the California Labor Code, which states that "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 (2) Result result from any work performed by the employee for the employer[.]"

Appears in 2 contracts

Samples: Employment Agreement (Vaxgen Inc), Employment Agreement (Vaxgen Inc)

Inventions not Assigned. The parties agree that the assignment of assxxxxxxx xf inventions under this Agreement does not apply to an invention which qualifies fully for protection under Section 2870 of the California Labor Code, which states that "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[.]"

Appears in 1 contract

Samples: Employment Agreement (Vaxgen Inc)

Inventions not Assigned. The parties agree that the assignment of inventions under this Agreement does not apply to an invention which qualifies fully for protection under Section 2870 of the California Labor Code, which states that "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 ’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 ’s business, or actual or demonstrably anticipated research or development of the employer; or (2) Result result from any work performed by the employee for the employer[.]"

Appears in 1 contract

Samples: Employment Agreement (Vaxgen Inc)

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Inventions not Assigned. The parties agree that the assignment of inventions under this Agreement does not apply to an invention which qualifies fully for protection under Section 2870 of the California Labor Code, which states that "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 ’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 ’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[.]"

Appears in 1 contract

Samples: Employment Agreement (Vaxgen Inc)

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