When you're presented with an employment agreement, it's common to come across provisions related to intellectual property, often under the headings of 'work for hire' or 'invention assignment.' While these terms might appear similar, they serve different purposes under copyright and patent laws.
Works Made for Hire: According to copyright law, when you create something within the scope of your job, your employer retains ownership rights over that creation. However, if the work is produced by an independent contractor, the employer can't claim rights without a written agreement signed by the contractor. This provision is meant to clarify that ownership of these rights remains with the employer.
Invention Assignment: In many cases, these provisions include language stipulating that you assign all current and future inventions to your employer. Employers incorporate this language for two primary reasons:
To maintain ownership of anything they consider a trade secret or confidential information.
To assert their rights if something created by an employee becomes the subject of a patent application.
These clauses are typically written broadly, encompassing even work an employee might have created before starting their employment. However, employees usually have the opportunity to disclose prior inventions or works to maintain ownership.
For more information about invention assignment or works made for hire agreements in Massachusetts, visit us at Massachusetts Invention Assignment Agreements.