Employee Patent Assignments, Confidentiality, and Non-Compete Agreements

Patent assignments

Well run companies often have a list of best practices.  One of these best practices is to have all engineers and other technical personnel sign a patent assignment in favor of the employer.  As a general rule, inventions belong to the inventor, absent a patent assignment, which transfers ownership to the employer.

Confidentiality agreements

Many companies require that all new hires sign an agreement that keeps company secrets and other proprietary matter confidential.  This protects financial information, new product strategies and development, new advertising campaigns, drawings, and all the other information that a company wants to keep out of competitors hands.

Non-compete agreements

The patent law firm of Lawrence E. Evans, LLC prepares non-compete agreements for our clients.  Generally, a non-compete agreement stipulates that an employee cannot work (or is limited in working) for a competitor for a limited period of time.  It should be noted that if an employee starts his or her own business, the non-compete agreement is still in effect.  In fact, a new employer may legally be held liable if an employee discloses trade secrets or other company data belonging to the ex-employer.

There are certain factors that a non-compete agreement must have to be enforceable:

• The duration of the agreement.  Generally, non-compete agreements are only valid for a certain length of time.
• They must be reasonable.  While a client's business interest must be protected, the non-compete agreement must also not stifle an employee's work opportunities, should he or she seek to work somewhere else.
• Whether independent consideration is involved.  An employee must get something in exchange for signing the agreement.  Many states will not enforce the agreement unless there is independent consideration. 
• The distance or geography involved.  Non-compete agreements generally have a geographic area to which they are restricted.

Why I should hire Larry Evans to draft an agreement

Certain factors of your business, along with your own wants and needs, can determine what type of agreement is right for you.

Contact us

If you have a question or would like a non-compete agreement created, please call patent lawyer Larry Evans at (314) 303-1193 or contact us online.