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Proprietary Information And Inventions Agreement

Proprietary Information And Inventions Agreement Generator for United States

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Proprietary Information And Inventions Agreement

"I need a Proprietary Information And Inventions Agreement for my California-based AI startup that will be hiring remote software engineers across the US, with specific emphasis on protecting our machine learning algorithms and development processes."

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Document background
The Proprietary Information And Inventions Agreement serves as a critical tool for businesses operating in the United States to safeguard their intellectual property and competitive advantages. This document is typically executed at the start of employment or contractor relationships, particularly in innovation-driven industries. It addresses two primary concerns: protecting confidential information and ensuring the company retains rights to work-related inventions. The agreement must comply with federal legislation such as the Defend Trade Secrets Act and state-specific requirements, particularly regarding invention assignment provisions like California Labor Code Section 2870.
Suggested Sections

1. Parties: Identification of the employer and employee/contractor

2. Background: Context of employment relationship and need for protecting proprietary information

3. Definitions: Key terms including Proprietary Information, Inventions, Intellectual Property Rights

4. Confidentiality Obligations: Core obligations regarding non-disclosure and protection of proprietary information

5. Assignment of Inventions: Terms for assignment of work-related inventions to employer

6. Return of Materials: Obligations regarding return of company materials upon termination

7. Term and Termination: Duration of the agreement and conditions for termination

8. General Provisions: Standard legal provisions including governing law, severability, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on competitive activities (subject to state law restrictions)

2. Non-Solicitation: Restrictions on soliciting employees or customers

3. Outside Activities: Provisions regarding permitted external work and activities

4. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions

Suggested Schedules

1. Schedule A - Prior Inventions: List of pre-existing inventions excluded from assignment

2. Schedule B - Notice of Exempt Inventions: Required statutory notice regarding invention assignment exceptions

3. Schedule C - Specific Project Details: Details of specific projects or work scope covered by the agreement

4. Schedule D - State-Specific Provisions: Additional provisions required by specific state laws

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Proprietary Information
Confidential Information
Inventions
Intellectual Property Rights
Company Materials
Work Product
Prior Inventions
Competing Business
Trade Secrets
Company Technology
Developments
Assigned Inventions
Third Party Information
Moral Rights
Background Technology
Protected Information
Company Services
Company Products
Employment Period
Assignment Period
Restricted Period
Excluded Inventions
Derivative Works
Technical Information
Proprietary Rights
Business Information
Confidentiality Period
Intellectual Property
Company Documentation
Licensed Materials
Industries

Trade Secrets Act 1996: Federal law providing legal framework for protecting trade secrets and establishing remedies for misappropriation

Defend Trade Secrets Act 2016: Federal statute creating a uniform federal civil cause of action for trade secret theft, complementing state laws

Economic Espionage Act: Federal law criminalizing trade secret theft, particularly focused on foreign economic espionage

Patent Act (35 U.S.C.): Federal law governing patent rights, crucial for invention assignment provisions in PIIAs

Copyright Act (17 U.S.C.): Federal law protecting original works of authorship, relevant for intellectual property assignments

Digital Millennium Copyright Act: Federal law addressing digital copyright issues and technological protection measures

Uniform Trade Secrets Act: Model law adopted by most states providing framework for trade secret protection at state level

National Labor Relations Act: Federal law protecting employees' rights to organize and bargain collectively, affecting confidentiality provisions

Fair Labor Standards Act: Federal law establishing wage, overtime, and employment standards affecting employment agreements

California Labor Code Section 2870: State law limiting employer rights to employee inventions created without company resources or time

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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