A technology award agreement assigns your startup any intellectual property before you start the business. The developer (s) may, in certain circumstances, retain individual intellectual property rights or sell you the rights for equity or cash payments. Although there is no case law on this point, an employment contract in Oregon may require the worker to award all inventions and patents that he designs and develops during his employment, regardless of the time, place and purpose of the invention. In fact, at least one Oregon court has ruled that the place and timing of the design of the invention should not be appropriate to know whether an employee or the owner of the employer is the invention, because it is difficult to understand how a worker can cut his mind as he pleases – that is, think only during the hours of noon or afternoon and then pretend that he did not work for the company at the time the idea arises. Mainland Indus., Inc., 58 or about 591. On the other hand, it is possible for an Oregon court to find that a provision that requires the transfer of all the worker`s ideas – regardless of the extent of the employer`s business and the relationship between the employee`s idea and the employer`s affairs – is excessive and unacceptable. For example, the assertion of ownership is prudent simply because the idea was conceived or developed at home, during working hours or with personal equipment. The fact that a worker has used the employer`s equipment alone is not sufficient to demonstrate that the employer should own the intellectual property created by the use of that equipment. Similarly, it is not enough for the employee to claim ownership simply because he used his personal equipment or because he conceived the idea at home. The analysis will look in detail at the role of the employee in the company and whether the idea comes from that role. Thus, the employee in the shower at home, who suddenly imagined the much sought-after solution on which he worked, cannot claim ownership of the idea simply because the idea was born in the shower. Similarly, an employer cannot assert rights to the creation of home-built computer software by an employee in which the employee`s role is not related to the player`s position, even if the employee has taken notes on his gambling ideas during working hours or tested those ideas on the employer`s computers. However, it would be no harm for this developer to sign an INTELLECTUAL property award agreement just to avoid problems in the future.
Cures. A comprehensive agreement should also include an appeal provision that supports an injunction and an injunction to enforce the inventor`s clauses.