Patent Ownership In Agreements

Summary

Company agreements may claim ownership of inventions related to services or proprietary information. Pre-existing patents should be documented and protected. Consulting a Massachusetts intellectual property lawyer is advised to understand rights and obligations.

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Company shall own all right, title and interest (including all intellectual property rights of any sort throughout the world) relating to any and all inventions, works of authorship, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by or for or on behalf of Consultant during the term of this Agreement that relate to the subject matter of or arise out of or in connection with the Services or any Proprietary Information (as defined below) (collectively, “Inventions”) and Consultant will promptly disclose and provide all Inventions to Company. Consultant hereby makes all assignments necessary to accomplish the foregoing ownership. Consultant shall assist Company, at Company’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce and defend any rights assigned.
Based on the information provided, it seems that the company claims ownership of all inventions and intellectual property created by the consultant during the term of the agreement, if they relate to the services provided or proprietary information.
- If you create a patentable invention during the term of the agreement and it relates to the company's services or proprietary information, the company could potentially claim ownership.
- Any inventions made outside the scope of the agreement or before the term of the agreement should generally remain your property.
To protect your existing patents, ensure they are clearly documented and created outside the scope of your agreement with the company. Consulting with a Massachusetts intellectual property lawyer would be beneficial to understand your rights and obligations fully.
And more -- Consultant hereby irrevocably designates and appoints Company as its agents and attorneys-in-fact, coupled with an interest, to act for and on Consultant’s behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by Consultant and all other creators or owners of the applicable Invention.
It appears that the company has extensive rights over any inventions or intellectual property you create during the term of your agreement. This includes:
- Ownership of any inventions related to the company's services or proprietary information.
- Authority to act on your behalf to execute and file documents related to these inventions.
To protect your interests and any pre-existing patents, it’s crucial to:
- Clearly document any inventions created outside the scope of the agreement.
- Consult with an intellectual property lawyer in Massachusetts for personalized advice and to review the terms of your agreement.