The assignment provisions in employment agreements have taken on added importance with recent case law from the Federal Circuit. The Federal Circuit’s decision in Stanford University v. Roche, 583 F.3d 832 (Fed. Cir. 2009), drew a sharp distinction between language in assignment provisions focusing on the difference between “agree to assign” and “do hereby assign,” with the former constituting a mere agreement to assign in the future, which is ineffective absent an additional agreement to assign intellectual property that is created in the future.
Read a more detailed description here: Protect Your Intellectual Property: Draft Employment Agreements Carefully.
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