I just found a job and need to sign the Employee Intellectual Property Agreement (see below). I have two questions: 1. If I have an invention that is developed by myself on my own time and have nothing to do with the work in the company, do I have to assign it to the company? I am kind of confused on provision #3 and #4 in the agreement. 2. Do I have to talk to the company about my invention, or find a lawyer by myself without tell the company? Thanks.
Employee Intellectual Property Agreement:
1. ...
2. ...
3. All Developments are the property of xx and I hereby assign to xx all my rights to such Developments in all countries.
4. I have these rights. No provision in this Agreement is intended to require assignment of any of my rights in an invention for which I can prove no equipment, supplies, facilities, or trade secret information of xx was used and was developed entirely on my own time; and which I can prove (I) does not relate to the business of xx or to the actual or demonstrably antiapated research or development of xx; or (2) does not result from any work performed by me for xx.
To the extent compatible with applicable state law, the provisions of the preceding paragraph do not apply to an invention which is required to be assigned by xx to the United States Government.
5. I will promptly submit to xx written disclosures for all inventions, whether or not patentable, which are made or conceived by me, alone or jointly with others, while I am employed by xx.
6. Upon request by xx, at any time during my employment with xx and thereafter, I will:
a. submit to xx written disclosures of all intellectual property made, conceived, or authored by me, alone or jointly with others, while employed by xx; and
b. provide proper assistance and execute all papers deemed by xx to be necessary to preserve legal protection for all Developments without charge to xx, but at the expense of xx.
7. ...
Employee Intellectual Property Agreement:
1. ...
2. ...
3. All Developments are the property of xx and I hereby assign to xx all my rights to such Developments in all countries.
4. I have these rights. No provision in this Agreement is intended to require assignment of any of my rights in an invention for which I can prove no equipment, supplies, facilities, or trade secret information of xx was used and was developed entirely on my own time; and which I can prove (I) does not relate to the business of xx or to the actual or demonstrably antiapated research or development of xx; or (2) does not result from any work performed by me for xx.
To the extent compatible with applicable state law, the provisions of the preceding paragraph do not apply to an invention which is required to be assigned by xx to the United States Government.
5. I will promptly submit to xx written disclosures for all inventions, whether or not patentable, which are made or conceived by me, alone or jointly with others, while I am employed by xx.
6. Upon request by xx, at any time during my employment with xx and thereafter, I will:
a. submit to xx written disclosures of all intellectual property made, conceived, or authored by me, alone or jointly with others, while employed by xx; and
b. provide proper assistance and execute all papers deemed by xx to be necessary to preserve legal protection for all Developments without charge to xx, but at the expense of xx.
7. ...
