The Employee Invention Agreement is a crucial document for companies operating in Hong Kong who employ individuals in creative, technical, or innovative roles. This agreement is particularly important in industries where intellectual property development is common or expected. It establishes clear ownership rights over inventions created during employment, ensuring compliance with Hong Kong's Patents Ordinance (Cap. 514) and related legislation. The document typically includes provisions for invention disclosure, assignment of rights, confidentiality obligations, and the process for patent applications. It's essential for protecting company interests while providing clarity to employees about their rights and obligations regarding inventions created during their employment. The agreement should be implemented at the start of employment or before engaging in innovation-related activities.
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1. Parties: Identification of the employer and employee, including their full legal names and addresses
2. Background: Context of the agreement, nature of employment, and general purpose of the invention agreement
3. Definitions: Key terms including 'Invention', 'Intellectual Property Rights', 'Work Product', 'Confidential Information', and other relevant terms
4. Scope of Employment: Description of employee's role and duties that may lead to inventions
5. Disclosure of Inventions: Employee's obligation to promptly disclose all inventions, discoveries, and improvements
6. Assignment of Rights: Transfer of ownership rights from employee to employer for qualifying inventions
7. Employee's Obligations: Specific duties regarding documentation, cooperation in patent applications, and assistance in protecting rights
8. Excluded Inventions: Definition and treatment of inventions excluded from the agreement
9. Confidentiality: Obligations regarding confidential information related to inventions
10. Term and Survival: Duration of obligations and which provisions survive employment termination
11. Governing Law: Specification of Hong Kong law as governing law and jurisdiction
1. Prior Inventions: Section for declaring pre-existing inventions owned by the employee, used when employee brings existing IP
2. Compensation: Special compensation terms for inventions, used when additional invention-related compensation is offered
3. Third Party Rights: Provisions regarding inventions involving third party rights or collaborative work
4. Industry-Specific Provisions: Special provisions based on specific industry requirements (e.g., biotechnology, software)
5. International Rights: Provisions for international patent rights, used when company operates globally
6. Alternative Dispute Resolution: Mediation or arbitration provisions for invention-related disputes
7. Shop Rights: Provisions regarding employer's right to use inventions not assigned to them
1. Schedule 1: Disclosure Form: Standard form for documenting and disclosing new inventions
2. Schedule 2: Prior Inventions: List of pre-existing inventions owned by employee that are excluded from the agreement
3. Schedule 3: Assignment Template: Template for formal assignment of specific inventions
4. Schedule 4: Invention Documentation Requirements: Specific requirements for documenting and describing inventions
5. Schedule 5: Compensation Framework: Details of any additional compensation structure for inventions, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Technology
Biotechnology
Pharmaceutical
Manufacturing
Research and Development
Electronics
Software Development
Chemical Industry
Engineering Services
Medical Devices
Artificial Intelligence
Telecommunications
Industrial Design
Clean Energy
Aerospace
Relevant Teams
Research & Development
Engineering
Product Development
Innovation
Technical Operations
Laboratory Operations
Design
Scientific Research
Intellectual Property
Legal
Human Resources
Technology
Manufacturing
Relevant Roles
Research Scientist
Software Engineer
Product Developer
R&D Manager
Technical Director
Chief Technology Officer
Innovation Manager
Laboratory Technician
Design Engineer
Process Engineer
Biotechnology Researcher
AI Developer
Systems Architect
Industrial Designer
Chemical Engineer
Senior Researcher
Product Manager
Technology Consultant
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