Legal Question in Intellectual Property in Arizona

I work as a Financial Analyst for an e-commerce & catalog retailer. They do not manufacture, design, or build products. My employment agreement includes an invention assignment clause. Would this be considered enforceable? I was not hired to invent by any means.

Asked on 4/21/13, 6:42 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC
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Yes, invention assignment clauses are generally enforceable for inventions that employees come up with as a part of their employment (whether or not the employee was hired to invent) or that are related to the job or to the employer's business.

If an employee who has signed an invention assignment agreement invents something that has nothing to do with the employment, does not compete with the employer, and the employee keeps everything to do with the invention entirely and completely away from the workplace, the employee may MAY, depending on several variables be able to get around an invention assignment clause.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 4/21/13, 7:44 pm

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