Delaware Assignment of Pre-Employment Works

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Delaware Assignment of Pre-Employment Works Powered By Docstoc
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                             This is an agreement which transfers intellectual property (a copyright, patent or trademark)
                             an employee created pre-employment to the employer. By entering into this agreement,
                             the employer obtains the right to reproduce, advertise, publish and transmit the work by any
                             means. This agreement allows for customization by allowing the employee to disclose any
                             prior licenses pertaining to the work product under paragraph two. This document is ideal
                             for small businesses or other entities located in Delaware that want to purchase the pre-
                             employment intellectual property rights of their employees.
             ®




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                               ASSIGNMENT OF PRE-EMPLOYMENT WORKS

   WHEREAS _________________________ [Instruction: Insert name of the assignor] of
_________________________________ [Instruction: Insert the address of Assignor] (“Assignor”) has become
employed by _____________________________ [Instruction: Insert the Name of Assignee] of
_________________________________ [Instruction: Insert the address of Assignee] (“Assignee”);

    AND WHEREAS Assignor has agreed to assign to assign certain works, domain names, inventions, patents,
ideas, trademarks, and trade secrets developed by Assignor prior to Assignor’s employment with Assignee;

   1. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
      Assignor does hereby grant, transfer, convey, and assign to Assignee, its successors and assigns, all right,
      title, and interest in and to all work and materials relating to those work(s) performed by Assignor prior to
      Assignor’s employment with Assignee, including any and all copyright, domain names, inventions, patent,
      industrial design, ideas, trademarks, trade secret rights, and all other right, title, and interest therein, and
      consisting of all existing source code, object code, documentation, flow charts, design documents, and
      record and file layouts relating thereto, and all trademarks, service marks, logos and business marks
      whatsoever associated therewith, if any, (collectively the “Works”). This exclusive conveyance shall
      include, but is not limited to, the rights to publish, reproduce, transmit, adapt, prepare derivative works
      from, sell, license, or otherwise make use of the Works (including all subsequent additions, revisions,
      supplements to, enhancements, and versions of the Works and derivatives, regardless of length or nature)
      throughout the world, in any form or medium and in any language, and to license or otherwise transfer to
      others the rights commensurate herewith in connection with the Works.

   2. Assignor represents and warrants that Assignor has not granted any license to use any of the Works,
      including the software, to anyone else except:

          i.    _________________________________________________________________.

         ii.    _________________________________________________________________.

        iii.    _________________________________________________________________.

        iv.     _________________________________________________________________.

         v.     _________________________________________________________________.

        vi.     _________________________________________________________________.

        vii.    _________________________________________________________________.

               [Instruction: Assignor needs to list all the licenses given to any person or entity]

All such licenses, if any, are hereby assigned to Assignee. All such licenses are attached hereto.
   3. Assignor represents and warrants that Assignor grants to Assignee, its successors, and assigns, the right to
      file copyright, trademark, and patent applications in the United States and throughout the world for the
      Works in the name of Assignee, its successors and assigns. Assignor agrees that Assignee, its successors,
      and assigns may act as attorney-in-fact to execute any document that Assignee, its successors, and assigns,
      deem necessary to record this grant with the United States Copyright office or elsewhere. If requested,
      Assignor agrees to execute any and all copyright, domain name, trademark, patent, or trade secret
      assignments, certificates, applications, or documents requested by Assignee, its successors, and assigns.
      The cost of recording and registering ownership rights in the Works shall be borne solely by Assignee, its
      successors, and assigns.

       Date: _____ [Month] _____ [Date], 20_____


       ________________________

       [Assignee]



       ________________________

       [Assignor]



State of Delaware

County of ______________________



On this _______________, before me personally appeared [Assignor], to me known to be the person described
herein and who executed the foregoing instrument and acknowledged that [Assignor] executed the same as
[His/hers] free act and deed.




______________________________________

              Notary Public

				
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Description: This is an agreement which transfers intellectual property (a copyright, patent or trademark) an employee created pre-employment to the employer. By entering into this agreement, the employer obtains the right to reproduce, advertise, publish and transmit the work by any means. This agreement allows for customization by allowing the employee to disclose any prior licenses pertaining to the work product under paragraph two. This document is ideal for small businesses or other entities located in Delaware that want to purchase the pre-employment intellectual property rights of their employees.
This document is also part of a package Essential Delaware Legal Documents 142 Documents Included