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Assignment Of Future Intellectual Property Rights Template for United States

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Key Requirements PROMPT example:

Assignment Of Future Intellectual Property Rights

"I need an Assignment of Future Intellectual Property Rights agreement for a software development contractor who will be working on our AI platform for 18 months starting January 2025, ensuring all code and innovations developed during this period belong to our company."

Document background
The Assignment of Future Intellectual Property Rights agreement is essential in modern business relationships where intellectual property creation is anticipated. This document establishes clear ownership rights over IP that will be created in the future, preventing potential disputes and ensuring businesses can properly commercialize innovations. Under U.S. law, it must be carefully drafted to balance the rights of creators with business interests, while ensuring compliance with both federal IP regulations and state-specific requirements. The agreement is particularly crucial for technology companies, research institutions, and creative enterprises where ongoing IP creation is central to operations.
Suggested Sections

1. Parties: Identifies the assignor and assignee, including full legal names and addresses

2. Background: States the context and purpose of the assignment, relationship between parties

3. Definitions: Defines key terms including 'Intellectual Property Rights', 'Future Rights', 'Invention'

4. Assignment: Core provision assigning future IP rights from assignor to assignee

5. Scope of Assignment: Detailed description of what rights are being assigned

6. Consideration: States what is being given in exchange for the assignment

7. Further Assurance: Obligation to execute additional documents if needed

8. Governing Law: Specifies applicable law and jurisdiction

Optional Sections

1. Warranties: Promises about ownership and right to assign - include when additional assurance needed about rights ownership

2. Moral Rights: Waiver of moral rights in copyrightable works - include when copyright works are involved

3. Confidentiality: Obligations regarding confidential information - include when sensitive information will be shared

4. Non-Competition: Restrictions on competing activities - include in employment or business sale contexts

Suggested Schedules

1. Schedule of Existing IP: Lists any existing IP rights that are excluded from the assignment

2. Form of Assignment Notice: Template for formal notice of specific future assignments

3. Description of Scope: Detailed description of field/industry coverage

4. Form of Inventor's Certificate: Template for confirming invention details and assignment

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Patent Act: Federal law (35 U.S.C.) governing patent rights, protection, and assignment of patent rights in the United States

Copyright Act: Federal law (17 U.S.C.) governing copyright protection and transfer of copyright ownership

Trademark Act: Federal law (Lanham Act, 15 U.S.C.) governing trademark rights and their assignment

Trade Secrets Act: Federal law (18 U.S.C.) protecting trade secrets and governing their transfer

Defend Trade Secrets Act: Federal law providing a uniform federal civil cause of action for trade secret misappropriation

State Trade Secret Laws: State-specific regulations governing trade secret protection and transfer at the state level

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation

State Employment Laws: State-specific regulations governing employment relationships and employee rights

Doctrine of Actual Invention: Legal principle determining rights based on who actually created the invention

Shop Rights Doctrine: Legal principle giving employers non-exclusive rights to use employees' inventions created using employer resources

Hired-to-Invent Doctrine: Legal principle establishing that employees hired specifically to invent must assign their inventions to their employer

National Labor Relations Act: Federal law protecting employees' rights in workplace relationships and collective bargaining

State Employee Invention Assignment Laws: State-specific laws governing the assignment of employee inventions and limitations on such assignments

Contract Law Consideration Requirements: Legal principle requiring exchange of value for contract enforceability

First Amendment: Constitutional protection of free speech rights that may impact intellectual property assignments

Patent and Copyright Clause: Constitutional provision (Article I, Section 8, Clause 8) establishing federal authority over patents and copyrights

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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