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Mary Bellis

Employment Contract Provisions & Inventions

By , About.com GuideApril 24, 2012

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Reuters recently posted an article on the top items included in an employment contract. Third on list was Ownership of Inventions for employees who might invent. It went something like this," the employee agrees that anything he or she invents at work, or during a set period of time after termination, becomes the employer's invention, not the employee's own invention." Additionally, employees usually agree to assign their inventions to the employer, cooperate with the employer in getting inventions patented, and keep information about the invention confidential like any other trade secret. In return, sometimes the employer agrees to share with employee-inventors a percentage of the royalties paid for inventions.

What should you as an inventor watch out for before signing an employment contract?

Okay if they are hiring you to invent it is reasonable to expect your contract to give the intellectual property rights to your boss. However, do not let a contract claim too much, for example: the rights to any previous unpatented invention of yours that you did not tell your potential employer about in writing. Watch out as well for anything that claims the right to your invention post employment - beyond a reasonable six months or less - fired today, patenting tomorrow, okay you didn't make that invention overnight. Consider using a lawyer to look over your contract.

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