Legal Question in Employment Law in California
How common is the following clause in an employment contract? Can this clause affect the possibilities to obtain other jobs after this contract? There are other hidden effects?
"The Employee agrees to assit the Company, both during and subsequent to the employment relationship of the Employee with the Company, in obtaining and enforcing for the Company's own benefits patents for any and all Works made by Employee. Upon request, the Employee will execute all applications, assigments, instruments and papers and perform all acts that the Company may deem necessary or desirable to obtain such pattents and otherwise to protect the interests of the Company."
1 Answer from Attorneys
I do not know how common it is but it needs to be made clear that it refers only to patents created or work done for the employer during the period of employment and not patents work done on your own time or after the employment relationship is ended.
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