Image 1 of 1
Image 1 of 1
Image 1 of 1
Image 1 of 1
A patent that cannot be prosecuted because invention dates cannot be established by competent evidence is a patent right lost through administrative failure. This policy gives technology companies the record-keeping infrastructure their IP estate depends on.
Thirteen parts covering: ownership rules (UK Patents Act 1977 s.39, IE Patents Act 1992 s.16, US employed-to-invent doctrine and California §2870 limitation, CA and AU common law), disclosure obligations (six mandatory triggers, 30-day window), the four requirements for competent evidence of invention date (specificity, contemporaneousness, corroboration, integrity), the invention notebook standard, electronic records and metadata integrity, assignment requirements by jurisdiction, patent filing decisions, employee compensation (UK s.40/IE s.17 rights), post-employment obligations, Invention Disclosure Form, and Invention Notebook Record Sheet.
FAQS
Q Why do technology companies need a standalone inventions policy?
An employment contract may include a general IP assignment clause, but it rarely provides the record-keeping infrastructure required to protect patent rights. Patent rights can be lost through administrative failure: if an invention date cannot be established by competent evidence, a valid patent may be unenforceable. This policy provides both the legal framework (ownership rules, disclosure obligations, assignment requirements) and the practical record system (Invention Notebook standards, corroboration requirements, Invention Disclosure Form) that an IP estate depends on.
Q What is the corroboration requirement?
An invention record must be read, signed, and dated by at least one person who is not a co-inventor of the invention being recorded. The Corroborating Witness confirms they read and understood the record on the date they sign — they do not certify the inventive acts themselves. This requirement exists because an inventor's own testimony alone is insufficient to establish an invention date as a matter of law. The policy requires corroboration within five business days of each notebook entry.
Q Does this policy limit what employees can invent on their own time?
Yes — but within what the law permits. The policy establishes Company ownership of inventions made using Company resources, made within the scope of the employee's duties, or relating to the Company's actual or reasonably anticipated business. It includes an explicit carve-out for inventions outside these criteria — including a specific reference to California Labor Code §2870 and equivalent statutes that limit assignable inventions in other US states. Inventions made entirely on personal time without Company resources and unrelated to the Company's business remain the employee's property.
Q What does the Invention Disclosure Form require?
Six sections: inventor identification, a description of the invention (problem solved, inventive concept, best mode), dates of inventive activity (conception date, reduction to practice, earliest notebook reference), prior disclosure and prior art, Company resources and funding used, and declarations and signatures. The form is designed to capture the information needed for a patent filing decision and to create a contemporaneous record of the disclosure date.
A patent that cannot be prosecuted because invention dates cannot be established by competent evidence is a patent right lost through administrative failure. This policy gives technology companies the record-keeping infrastructure their IP estate depends on.
Thirteen parts covering: ownership rules (UK Patents Act 1977 s.39, IE Patents Act 1992 s.16, US employed-to-invent doctrine and California §2870 limitation, CA and AU common law), disclosure obligations (six mandatory triggers, 30-day window), the four requirements for competent evidence of invention date (specificity, contemporaneousness, corroboration, integrity), the invention notebook standard, electronic records and metadata integrity, assignment requirements by jurisdiction, patent filing decisions, employee compensation (UK s.40/IE s.17 rights), post-employment obligations, Invention Disclosure Form, and Invention Notebook Record Sheet.
FAQS
Q Why do technology companies need a standalone inventions policy?
An employment contract may include a general IP assignment clause, but it rarely provides the record-keeping infrastructure required to protect patent rights. Patent rights can be lost through administrative failure: if an invention date cannot be established by competent evidence, a valid patent may be unenforceable. This policy provides both the legal framework (ownership rules, disclosure obligations, assignment requirements) and the practical record system (Invention Notebook standards, corroboration requirements, Invention Disclosure Form) that an IP estate depends on.
Q What is the corroboration requirement?
An invention record must be read, signed, and dated by at least one person who is not a co-inventor of the invention being recorded. The Corroborating Witness confirms they read and understood the record on the date they sign — they do not certify the inventive acts themselves. This requirement exists because an inventor's own testimony alone is insufficient to establish an invention date as a matter of law. The policy requires corroboration within five business days of each notebook entry.
Q Does this policy limit what employees can invent on their own time?
Yes — but within what the law permits. The policy establishes Company ownership of inventions made using Company resources, made within the scope of the employee's duties, or relating to the Company's actual or reasonably anticipated business. It includes an explicit carve-out for inventions outside these criteria — including a specific reference to California Labor Code §2870 and equivalent statutes that limit assignable inventions in other US states. Inventions made entirely on personal time without Company resources and unrelated to the Company's business remain the employee's property.
Q What does the Invention Disclosure Form require?
Six sections: inventor identification, a description of the invention (problem solved, inventive concept, best mode), dates of inventive activity (conception date, reduction to practice, earliest notebook reference), prior disclosure and prior art, Company resources and funding used, and declarations and signatures. The form is designed to capture the information needed for a patent filing decision and to create a contemporaneous record of the disclosure date.
