Common use of Inventions Clause in Contracts

Inventions. The Employee hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company all of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the Employee, solely or jointly, during the term hereof which relate to methods, apparatus, designs, products, processes or devices, sold, leased, used or under consideration or development by the Company or any of its predecessors, or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors or which arise from the efforts of the Employee during the course of his employment for the Company or any of its predecessors. The Employee shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the Employee shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and disclosed by the Employee within one year following the termination of this Agreement shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such termination.

Appears in 16 contracts

Samples: Employment Agreement (Wright Medical Group Inc), Employment Agreement (Wright Medical Group Inc), Employment Agreement (Xomed Surgical Products Inc)

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Inventions. (a) The Employee Executive hereby sells, transfers and assigns to the Company or to any person, person or entity designated by the Company Company, all of the entire right, title and interest of the Employee Executive in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, in whole or in part, during the term hereof which (i) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessorssubsidiary, or which (ii) otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiary, or which (iii) arise wholly or partly from the efforts of the Employee Executive during the course of his employment for the Company or any of its predecessorsterm hereof. The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and and, whether during the Employee term hereof or thereafter, the Executive shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee Executive at the Company’s expense to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereofthereon. Any invention relating to the business of the Company and disclosed made by the Employee Executive within one year following the termination of this Agreement employment shall be deemed to fall within the provisions of this paragraph Section unless proved proven by the Executive to have been first conceived and made following such termination.

Appears in 11 contracts

Samples: Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/)

Inventions. (a) The Employee hereby sells, transfers and assigns to the Company or to any person, person or entity designated by the Company all of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the Employee, solely or jointly, during the term hereof which relate to methods, apparatus, designs, products, processes or devices, sold, leased, used or under consideration or development by the Company or any of its predecessors, affiliates or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors affiliates or which arise from the efforts of the Employee during the course of his employment for the Company or any of its predecessorsaffiliates. The Employee shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the Employee shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and its affiliates and disclosed by the Employee within one year following the termination of this Agreement shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such termination. (b) The Employee has been notified and understands that the provisions of this Section 10 do not apply to any of the aforementioned inventions, ideas, disclosures and improvements that qualify fully under the provisions of Section 2870 of the California Labor Code, which states as follows: (i) 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: (a) 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. (b) Result from any work performed by the employee for the employer. (ii) 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 subsection (i), the provision is against the public policy of this state and is unenforceable.

Appears in 10 contracts

Samples: Employment Agreement (Cn Biosciences Inc), Employment Agreement (Em Industries Inc), Employment Agreement (Em Industries Inc)

Inventions. The Employee hereby sells, transfers transfers, and assigns to the Company Company, or to any person, person or entity designated by the Company all Company, at of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures disclosures, and improvements, whether patented or unpatented, and copyrightable material, material made or conceived by the Employee, solely or jointly, jointly during the term hereof which relate to methods, apparatus, formulae, designs, products, processes or devices, sold, leased, used used, or under consideration or development by the Company or any of its predecessorsCompany, or which otherwise relate to or pertain to the business, functions functions, or operations of the Company or any of its predecessors or which arise from the efforts of the Employee during the course of his employment for the Company or any of its predecessorsCompany. The Employee shall agrees to communicate promptly and to disclose to the Company, in such form as the Company requestsEmployee may be required to do so, all information, details details, and data pertaining to the aforementioned inventions, ideas, disclosures disclosures, and improvements; improvements and the Employee shall to execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to For the business of the Company and disclosed by the Employee within one year following the termination purposes of this Agreement Agreement, an invention shall be deemed to fall have been made during the term of Employee's employment if, during such period, the invention was conceived or first actually reduced to practice by the Company, and Employee agrees that any patent application filed within the provisions one (1) year after termination of this paragraph employment shall be presumed to relate to an invention which was made during the term of Employee's employment unless proved Employee can provide satisfactory evidence to have been first conceived and made following such terminationthe contrary.

Appears in 6 contracts

Samples: Employment Agreement (I Storm Inc), Employment Agreement (I Storm Inc), Employment Agreement (I Storm Inc)

Inventions. The Employee hereby sells, transfers and assigns to the Company or to any person, person or entity designated by the Company all of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the Employee, solely or jointly, during his employment by the term hereof Company or any of its predecessors which relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration or development by the Company or any of its predecessors, or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors predecessors, or which arise from the efforts of the Employee during the course of his employment for by the Company or any of its predecessors. The Employee shall shall, during and after his employment by the Company, communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; . The Employee shall, during and after his employment by the Employee shall Company, execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and disclosed by the Employee within one year following after his employment by the termination of this Agreement Company ceases shall be deemed to fall within the provisions of this paragraph 10 unless proved to have been first conceived and made following such terminationtermination or expiration.

Appears in 5 contracts

Samples: Employment Agreement (Wright Medical Group Inc), Employment Agreement (Wright Medical Group Inc), Employment Agreement (Wright Medical Group Inc)

Inventions. The Employee hereby sells, transfers and assigns to the Company or to any person, person or entity designated by the Company all of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the Employee, solely or jointly, during the term hereof which relate to methods, apparatus, designs, products, processes or devices, sold, leased, used or under consideration or development by the Company or any of its predecessors, affiliates or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors affiliates or which arise from the efforts of the Employee during the course of his employment for the Company or any of its predecessorsaffiliates. The Employee shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the Employee shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and its affiliates and disclosed by the Employee within one year following the termination of this Employment Agreement shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such termination.

Appears in 5 contracts

Samples: Employment Agreement (VWR International, Inc.), Employment Agreement (VWR International, Inc.), Employment Agreement (VWR International, Inc.)

Inventions. The Employee Executive hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company Company, all of the entire right, title and interest of the Employee Executive in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, or in whole or in part, during the term hereof which (i) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessorssubsidiary, or which (ii) otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiary, or which (iii) arise wholly or partly from the efforts of the Employee Executive during the course of his employment for the Company or any of its predecessorsterm hereof. The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and and, whether during the Employee term hereof or thereafter, the Executive shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or maybe required of the Employee Executive at the Company's expense to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereofthereon. Any invention relating to the business of the Company and disclosed by the Employee Executive within one (1) year following the termination of this Agreement shall be deemed to fall within the provisions of this paragraph unless proved by the Executive to have been first conceived and made following such termination.

Appears in 4 contracts

Samples: Employment Agreement (Omnicomm Systems Inc), Employment Agreement (Omnicomm Systems Inc), Employment Agreement (Omnicomm Systems Inc)

Inventions. (a) The Employee Executive hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company Company, all of the entire right, title and interest of the Employee Executive in and to all inventions, ideas, disclosures and improvements, whether whet patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, or in whole part, during the term hereof which (i) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessorssubsidiary, or which (ii) otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiary, or which (iii) arise wholly or partly from the efforts of the Employee Executive during the course of his employment for the Company or any of its predecessorsterm hereof. The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and and, whet during the Employee term hereof or thereafter, the Executive shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee Executive at the Company's expense to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereofthereon. Any invention relating to the business of the Company and disclosed by the Employee Executive within one (1) year following the termination of this the Agreement shall be deemed to fall within the provisions of this the paragraph unless proved proven by the Executive to have been first conceived and made following such termination.

Appears in 4 contracts

Samples: Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/)

Inventions. The Employee Executive hereby sells, transfers and assigns to the Company or to any person, person or entity designated by the Company all of the entire right, title and interest of the Employee Executive in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, or in whole or in part, during his employment (including employment prior to the term hereof date hereof) by the Company which are not generally known to the public or recognized as standard practice and which (i) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessors, subsidiary and (ii) arise (wholly or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors or which arise partly) from the efforts of the Employee Executive during the course of his employment for with the Company or any of its predecessors(an “Invention”). The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to any such Inventions; and, whether during the aforementioned inventionsRestricted Period or thereafter, ideas, disclosures and improvements; and the Employee Executive shall execute and deliver to the Company such formal form of transfers and assignments and such other papers and documents as reasonably may be necessary or required of the Employee Executive to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain a copyright thereofthereon. The Company shall pay all costs incident to the execution and delivery of such transfers, assignments and other documents. Any invention relating to the business of the Company and disclosed by the Employee Executive within one year six months following the termination of this Agreement his employment hereunder shall be deemed to fall within the provisions of this paragraph Section 7(d) unless proved to have been the Executive bears the burden of proof of showing that the Invention was first conceived and made following such termination.

Appears in 3 contracts

Samples: Employment Agreement (Asset Acceptance Capital Corp), Employment Agreement (Asset Acceptance Capital Corp), Employment Agreement (Asset Acceptance Capital Corp)

Inventions. The Employee Executive hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company Company, all of the entire right, title and interest of the Employee Executive in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, or in whole or in part, during the term hereof which (i) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessorssubsidiary, or which (ii) otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiary, or which (iii) arise wholly or partly from the efforts of the Employee Executive during the course of his employment for the Company or any of its predecessorsterm hereof. The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and and, whether during the Employee term hereof or thereafter, the Executive shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or maybe required of the Employee Executive at the Company’s expense to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereofthereon. Any invention relating to the business of the Company and disclosed by the Employee Executive within one (1) year following the termination of this Agreement shall be deemed to fall within the provisions of this paragraph unless proved by the Executive to have been first conceived and made following such termination.

Appears in 3 contracts

Samples: Employment Agreement (Omnicomm Systems Inc), Employment Agreement (Omnicomm Systems Inc), Employment Agreement (Omnicomm Systems Inc)

Inventions. The Employee Without additional compensation, the Executive hereby sells, transfers and assigns to the Company Company, or to any person, person or entity designated by the Company Company, all of the entire right, title and interest of the Employee in Executive in, and to to, all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, during the term hereof Term of Employment, which relate to methods, apparatus, designs, products, processes or devices, sold, leased, used or under consideration or development by the Company or any of its predecessorssubsidiaries or affiliates, or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiaries or affiliates or which arise from the efforts of the Employee Executive during the course of his employment for the Company or any of its predecessorssubsidiaries or affiliates. The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the Employee . The Executive shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee Executive to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and disclosed its subsidiaries or affiliates made by the Employee Executive within one year following the termination of this Agreement the Term of Employment shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such termination.

Appears in 3 contracts

Samples: Employment Agreement (Teva Pharmaceutical Industries LTD), Employment Agreement (Teva Pharmaceutical Industries LTD), Employment Agreement (Teva Pharmaceutical Industries LTD)

Inventions. The Employee hereby sells, transfers and assigns to the Company or to any person, person or entity designated by the Company all of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the Employee, solely or jointly, during the term hereof which relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration or development by the Company or any of its predecessors, or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors or which arise from the efforts of the Employee during the course of his employment for the Company or any of its predecessors. The Employee shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the . The Employee shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and disclosed by the Employee within one year following the termination or expiration of this Agreement shall be deemed to fall within the provisions of this paragraph 10 unless proved to have been first conceived and made following such terminationtermination or expiration.

Appears in 3 contracts

Samples: Employment Agreement (Wright Medical Group Inc), Employment Agreement (Wright Medical Group Inc), Employment Agreement (Wright Medical Group Inc)

Inventions. The Employee Executive hereby sells, transfers and assigns to the Company or to any person, person or entity designated by the Company all of the entire right, title and interest of the Employee Executive in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, or in whole or in part, during his employment (including employment prior to the term hereof date hereof) by the Company which are not generally known to the public or recognized as standard practice and which (i) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessors, subsidiary and (ii) arise (wholly or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors or which arise partly) from the efforts of the Employee Executive during the course of his employment for with the Company or any of its predecessors(an "Invention"). The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to any such Inventions; and, whether during the aforementioned inventionsRestricted Period or thereafter, ideas, disclosures and improvements; and the Employee Executive shall execute and deliver to the Company such formal form of transfers and assignments and such other papers and documents as reasonably may be necessary or required of the Employee Executive to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain a copyright thereofthereon. The Company shall pay all costs incident to the execution and delivery of such transfers, assignments and other documents. Any invention relating to the business of the Company and disclosed by the Employee Executive within one year six months following the termination of this Agreement his employment hereunder shall be deemed to fall within the provisions of this paragraph Section 7(d) unless proved to have been the Executive bears the burden of proof of showing that the Invention was first conceived and made following such termination.

Appears in 2 contracts

Samples: Employment Agreement (Asset Acceptance Capital Corp), Employment Agreement (Asset Acceptance Capital Corp)

Inventions. (a) The Employee Executive hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company Company, all of the entire right, title and interest of the Employee Executive in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, or in whole part, during the term hereof which (i) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessorssubsidiary, or which (ii) otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiary, or which (iii) arise wholly or partly from the efforts of the Employee Executive during the course of his employment for the Company or any of its predecessorsterm hereof. The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and and, whether during the Employee term hereof or thereafter, the Executive shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee Executive at the Company's expense to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereofthereon. Any invention relating to the business of the Company and disclosed by the Employee Executive within one (1) year following the termination of this the Agreement shall be deemed to fall within the provisions of this the paragraph unless proved proven by the Executive to have been first conceived and made following such termination.

Appears in 2 contracts

Samples: Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/)

Inventions. (a) The Employee hereby sells, transfers and assigns to the Company or to any person, person or entity designated by the Company all of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the Employee, solely or jointly, during the term hereof which relate to methods, apparatus, designs, products, processes or devices, sold, leased, used or under consideration or development by the Company or any of its predecessors, affiliates or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors affiliates or which arise from the efforts of the Employee during the course of his employment for the Company or any of its predecessorsaffiliates. The Employee shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the Employee shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and its affiliates and disclosed by the Employee within one year following the termination of this Agreement shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such termination. (b) The Employee has been notified and understands that the provisions of this paragraph 11 do not apply to any of the aforementioned inventions, ideas, disclosures and improvements that qualify fully under the provisions of Section 2870 of the California Labor Code, which states as follows: (i) 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: (a) 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. (b) Result from any work performed by the employee for the employer. (ii) 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 subsection (i), the provision is against the public policy of this state and is unenforceable.

Appears in 2 contracts

Samples: Employment Agreement (Em Industries Inc), Employment Agreement (Cn Biosciences Inc)

Inventions. The Employee Executive hereby sells, transfers and assigns to the Company or to any person, person or entity designated by the Company Company, all of the entire right, title and interest of the Employee Executive in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, in whole or in part, during the term hereof which (i) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessorssubsidiary, or which (ii) otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiary, or which (iii) arise wholly or partly from the efforts of the Employee Executive during the course of his employment for the Company or any of its predecessorsterm hereof. The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and and, whether during the Employee term hereof or thereafter, the Executive shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee Executive at the Company’s expense to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereofthereon. Any invention relating to the business of the Company and disclosed made by the Employee Executive within one year following the termination of this Agreement employment shall be deemed to fall within the provisions of this paragraph Section unless proved proven by the Executive to have been first conceived and made following such termination.

Appears in 1 contract

Samples: Employment Agreement (Imaging Diagnostic Systems Inc /Fl/)

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Inventions. (a) The Employee hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company all of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the Employee, solely or jointly, during the term hereof which relate to methods, apparatus, designs, products, processes or devices, sold, leased, used or under consideration or development by the Company or any of its predecessorssubsidiaries, or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiaries or which arise from the efforts of the Employee during the course of his employment for the Company or any of its predecessorssubsidiaries. The Employee shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the Employee shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and its subsidiaries and disclosed by the Employee within one year following the termination of this Agreement shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such termination. (b) The Employee has been notified and understands that the provisions of this Section 11 do not apply to any of the aforementioned inventions, ideas, disclosures and improvements that qualify fully under the provisions of Section 2870 of the California Labor Code, which states as follows: (i) 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: (a) 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. (b) Result from any work performed by the employee for the employer. Initials: ________ ________ (ii) 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 subsection (i), the provision is against the public policy of this state and is unenforceable.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cn Biosciences Inc)

Inventions. The Employee Executive hereby sells, transfers and assigns assigns, without compensation, to the Company or to any person, or entity designated by the Company Company, all of the entire right, title and interest of the Employee Executive in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, or in whole or in part, both prior to and during the term Term hereof which (1) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessors, or which Company; (2) otherwise relate to or pertain to the business, functions or operations of the Company Company; or any of its predecessors (3) arise (wholly or which arise partly) from the efforts of the Employee Executive in performing the duties required by this Agreement during the course of his employment for the Company or any of its predecessorsTerm hereof. The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details details, and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and and, whether during the Employee Term hereof or thereafter, the Executive shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee Executive to permit the Company or any person or entity designated by the Company to file and prosecute the patent applicable patent, trademark and service xxxx applications covering any of such inventions, ideas, disclosures or improvements and, as to such inventions, ideas, disclosures or improvements as constitute copyrightable material, to obtain copyright thereofthereof and, in addition, assign existing patents, copyrights, trademarks and service marks registered in his own name. Any invention relating to by the business Executive otherwise covered by (1), (2), or (3) of this subsection 5B within six months following the conclusion of the Company and disclosed by the Employee within one year following the termination of this Agreement Term shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such terminationsubsection.

Appears in 1 contract

Samples: Employment Agreement (Sun Hill Industries Inc)

Inventions. The Employee Without additional compensation, the Executive hereby sells, transfers and assigns to the Company Company, or to any person, person or entity designated by the Company Company, all of the entire right, title and interest of the Employee in Executive in, and to to, all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, during the term hereof Term of Employment, which relate to methods, apparatus, designs, products, processes or devices, sold, leased, used or under consideration or development by the Company or any of its predecessorssubsidiaries or affiliates, or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiaries or affiliates or which arise from the efforts of the Employee Executive during the course of his her employment for the Company or any of its predecessorssubsidiaries or affiliates. The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the Employee . The Executive shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee Executive to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and disclosed its subsidiaries or affiliates made or conceived by the Employee Executive within one year following the termination of this Agreement the Term of Employment shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such termination.

Appears in 1 contract

Samples: Employment Agreement (Teva Pharmaceutical Industries LTD)

Inventions. The Employee hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company all of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the Employee, solely or jointly, during the term hereof which relate to methods, apparatus, designs, products, processes or devices, sold, leased, used or under consideration or development by the Company company or any of its predecessors, or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors or which arise from the efforts of the Employee during the course of his employment for the Company or any of its predecessors. The Employee shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the Employee shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and disclosed by the Employee within one year following the termination of this Agreement shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such termination.

Appears in 1 contract

Samples: Employment Agreement (Wright Medical Group Inc)

Inventions. (a) The Employee hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company all of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the Employee, solely or jointly, during the term hereof which relate to methods, apparatus, designs, products, processes or devices, sold, leased, used or under consideration or development by the Company or any of its predecessorssubsidiaries, or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiaries or which arise from the efforts of the Employee during the course of his employment for the Company or any of its predecessorssubsidiaries. The Employee shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the Employee shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and its subsidiaries and disclosed by the Employee within one year following the termination of this Agreement shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such termination. (b) The Employee has been notified and understands that the provisions of this Section 11 do not apply to any of the aforementioned inventions, ideas, disclosures and improvements that qualify fully under the provisions of Section 2870 of the California Labor Code, which states as follows: (i) 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: Initials: _____ _____

Appears in 1 contract

Samples: Stock Purchase Agreement (Cn Biosciences Inc)

Inventions. The Employee x. Xxxxxxxxxxx hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company Company, all of the entire right, title and interest of the Employee Xxxxxxxxxxx in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeXxxxxxxxxxx, solely or jointly, or in whole part, during the term hereof which (i) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessorssubsidiary, or which (ii) otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiary, or which (iii) arise wholly or partly from the efforts of the Employee Xxxxxxxxxxx during the course of his employment for the Company or any of its predecessorsterm hereof. The Employee Xxxxxxxxxxx shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and and, whether during the Employee term hereof or thereafter, Xxxxxxxxxxx shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of Xxxxxxxxxxx at the Employee Company’s expense to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereofthereon. Any invention relating to the business of the Company and disclosed by the Employee Xxxxxxxxxxx within one (1) year following the termination of this the Agreement shall be deemed to fall within the provisions of this the paragraph unless proved proven by Xxxxxxxxxxx to have been first conceived and made following such termination.

Appears in 1 contract

Samples: Employment Agreement (Emergency Filtration Products Inc/ Nv)

Inventions. The Employee Executive hereby sells, transfers and assigns to the Company or to any person, person or entity designated by the Company all of the entire right, title and interest of the Employee Executive in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made made, authored or conceived by the EmployeeExecutive, solely or jointly, or in whole or in part, during his employment by the term hereof Company and which (i) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessors, or which otherwise relate to or pertain to the business, functions or operations subsidiary of the Company and (ii) arise (wholly or any of its predecessors or which arise partly) from the efforts of the Employee Executive during the course of his employment for with the Company or any of its predecessors(an "Invention"). The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to any such Inventions; and, whether during the aforementioned inventionsRestricted Period or thereafter, ideas, disclosures and improvements; and the Employee Executive shall execute and deliver to the Company such formal form of transfers and assignments and such other papers and documents as reasonably may be necessary or required of the Employee Executive to permit the Company or any person or entity designated by the Company to file file, prosecute, obtain or otherwise protect or transfer any intellectual property, including any patent, patent application or copyright. The Company shall pay all costs incident to the execution and prosecute the patent applications anddelivery of such transfers, as to copyrightable material, to obtain copyright thereofassignments and other documents. Any invention relating to the business of the Company and disclosed by the Employee Executive within one year six months following the termination of this Agreement his employment hereunder shall be deemed to fall within the provisions of this paragraph Section 8(d) unless proved to have been the Executive bears the burden of proof of showing that the Invention was first conceived and made following such termination.

Appears in 1 contract

Samples: Employment Agreement (Stimsonite Corp)

Inventions. (a) The Employee hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company all of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the Employee, solely or jointly, during the term hereof which relate to methods, apparatus, designs, products, processes or devices, sold, leased, used or under consideration or development by the Company or any of its predecessorssubsidiaries, or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiaries or which arise from the efforts of the Employee during the course of his employment for the Company or any of its predecessorssubsidiaries. The Employee shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the Employee shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company and its subsidiaries and disclosed by the Employee within one year following the termination of this Agreement shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such termination. (b) The Employee has been notified and understands that the provisions of this Section 11 do not apply to any of the aforementioned inventions, ideas, disclosures and improvements that qualify fully under the provisions of Section 2870 of the California Labor Code, which states as follows: (i) 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: Initials:_________ _________ 6 (a) 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. (b) Result from any work performed by the employee for the employer. (ii) 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 subsection (i), the provision is against the public policy of this state and is unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Cn Biosciences Inc)

Inventions. The Employee Executive hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company Company, all of the entire right, title and interest of the Employee Executive in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the EmployeeExecutive, solely or jointly, or in whole or in part, during the term hereof which (i) relate to methods, apparatus, designs, products, processes or devices, devices sold, leased, used or under consideration construction or development by the Company or any of its predecessorssubsidiary, or which (ii) otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiary, or which (iii) arise wholly or partly from the efforts of the Employee Executive on behalf of the Company during the course of his employment for the Company or any of its predecessorsterm hereof. The Employee Executive shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and and, whether during the Employee term hereof or thereafter, the Executive shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee Executive at the Company's expense to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereofthereon. Any invention relating to the business of the Company and disclosed by the Employee Executive within one year six (6) months following the termination of this Agreement which is related to methods, apparatus, designs, products, processes or devices sold, leased, used or under construction or development by the Company or any subsidiary shall be deemed to fall within the provisions of this paragraph unless proved by the Executive to have been first conceived and made following such termination.

Appears in 1 contract

Samples: Employment Agreement (Omnicomm Systems Inc)

Inventions. (a) The Employee hereby sells, transfers and assigns to the Company or to any person, or entity designated by the Company all of the entire right, title and interest of the Employee in and to all inventions, ideas, disclosures and improvements, whether patented or unpatented, and copyrightable material, made or conceived by the Employee, solely or jointly, during the term hereof which relate to methods, apparatus, designs, products, processes or devices, sold, leased, used or under consideration or development by the Company or any of its predecessorssubsidiaries, or which otherwise relate to or pertain to the business, functions or operations of the Company or any of its predecessors subsidiaries or which arise from the efforts of the Employee during the course of his employment for the Company or any of its predecessorssubsidiaries. The Employee shall communicate promptly and disclose to the Company, in such form as the Company requests, all information, details and data pertaining to the aforementioned inventions, ideas, disclosures and improvements; and the Employee shall execute and deliver to the Company such formal transfers and assignments and such other papers and documents as may be necessary or required of the Employee to permit the Company or any person or entity designated by the Company to file and prosecute the patent applications and, as to copyrightable material, to obtain copyright thereof. Any invention relating to the business of the Company CNBI Group and disclosed by the Employee within one year following the termination of this Employment Agreement shall be deemed to fall within the provisions of this paragraph unless proved to have been first conceived and made following such termination. (b) The Employee has been notified and understands that the provisions of this paragraph 12 do not apply to any of the aforementioned inventions, ideas, disclosures and improvements that qualify fully under the provisions of Section 2870 of the California Labor Code, which states as follows:

Appears in 1 contract

Samples: Employment Agreement (Cn Biosciences Inc)

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