Federal Patent Law: Include 35 U.S.C. (Patent Act), America Invents Act (AIA), and patent cooperation treaties. These laws govern the fundamental aspects of patent rights and inventions in the United States.
State-Specific Employment Laws: Consider state-specific employment regulations, invention assignment statutes (e.g., California Labor Code ?? 2870), and restrictions on non-compete agreements that vary by jurisdiction.
Federal Employment Laws: Account for Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), and other federal employment regulations that may impact invention assignment rights.
State Employee Invention Protection Statutes: Special attention to states like California, Delaware, Illinois, Kansas, Minnesota, North Carolina, Utah, and Washington, which have specific laws protecting employee rights regarding inventions developed on personal time and without company resources.
Trade Secret Protection Laws: Incorporate provisions from the Defend Trade Secrets Act (DTSA), state-specific trade secret laws, and the Uniform Trade Secrets Act as adopted by various states.
Contract Law Requirements: Address state-specific contract formation requirements, consideration requirements, and enforceability standards to ensure the agreement is legally binding.
Agreement Core Components: Essential elements including clear definition of covered inventions, scope of assignment, disclosure timeline, rights and obligations of parties, compensation considerations, state-specific compliance, and proper execution requirements.
