Employee Intellectual Property Agreement

[rimeffect]

I just found a job and need to sign the Employee Intellectual Property Agreement (see below). I have two questions: 1. If I have an invention that is developed by myself on my own time and have nothing to do with the work in the company, do I have to assign it to the company? I am kind of confused on provision #3 and #4 in the agreement. 2. Do I have to talk to the company about my invention? Thanks.

3. All Developments are the property of xx and I hereby assign to xx all my rights to
such Developments in all countries.
4. I have these rights. No provision in this Agreement is intended to require assignment of any of my rights in an invention for which I can prove no equipment, supplies, facilities, or trade secret information of xx was used and was developed entirely on my own time; and which I can prove (I) does not relate to the business of xx or to the actual or demonstrably antiapated research or development of xx; or (2) does not result from any work performed by me for xx.
To the extent compatible with applicable state law, the provisions of the preceding paragraph do not apply to an invention which is required to be assigned by xx to the United States Government.
5. I will promptly submit to xx written disclosures for all inventions, whether or not patentable, which are made or conceived by me, alone or jointly with others, while I am employed by xx.

 

[divgradcurl]

What state are you in?

 

[FlyingRon]

You don't have any "own time" after signing one of these agreements. If you have intellectual property you've developed prior to this, you need to specifically include it in your agreement with the company, especially if you wish to continue to work on it while employed with these people.

 

[divgradcurl]

You don't have any "own time" after signing one of these agreements. If you have intellectual property you've developed prior to this, you need to specifically include it in your agreement with the company, especially if you wish to continue to work on it while employed with these people.

This is not the law in all states, which is why I asked the OP to clarify which state he is in.

 

[rimeffect]

I am in PA.

 

[divgradcurl]

I just found a job and need to sign the Employee Intellectual Property Agreement (see below). I have two questions: 1. If I have an invention that is developed by myself on my own time and have nothing to do with the work in the company, do I have to assign it to the company? I am kind of confused on provision #3 and #4 in the agreement. 2. Do I have to talk to the company about my invention? Thanks.

3. All Developments are the property of xx and I hereby assign to xx all my rights to
such Developments in all countries.
4. I have these rights. No provision in this Agreement is intended to require assignment of any of my rights in an invention for which I can prove no equipment, supplies, facilities, or trade secret information of xx was used and was developed entirely on my own time; and which I can prove (I) does not relate to the business of xx or to the actual or demonstrably antiapated research or development of xx; or (2) does not result from any work performed by me for xx.
To the extent compatible with applicable state law, the provisions of the preceding paragraph do not apply to an invention which is required to be assigned by xx to the United States Government.
5. I will promptly submit to xx written disclosures for all inventions, whether or not patentable, which are made or conceived by me, alone or jointly with others, while I am employed by xx.

Seems like the bolded part of the piece of the agreement that you posted is pretty clear, that you do not have to assign something that you can prove you did on your own time, and which doesn't relate to the business of the company for which you work.