This article explains (1) how a company can identify a new employee's excluded IP during the "Add Employee" workflow, and (2) how a candidate can disclose IP that they would like to exclude in the same Employee Confidentiality Agreement generated during the "Add Employee" workflow.
Company-Side: Adding IP Disclosures For An Employee
To start, the company representative will want to begin a new Add Employee workflow. Select the first option (generating a new employment agreement), and on the next screen, be sure to check the box next to "Employee Confidentiality and Assignment Agreement." Continuing to the "Employment Terms" step, selecting the 'Provide List' option from the drop-down next to the "List all prior inventions..." field will allow for these edits. The company can list these inventions if they are known, or can write "Please fill in" so that the new employee can complete the list on their end later on. Once the Add Employee workflow is past the checkpoint and the agreements are signed by the company representative, the next portion of the workflow is completed by the new employee.
Employee-Side: Adding IP Disclosures
The first screen that the candidate will see is a screen that presents the PDFs for the Offer Letter and Confidentiality Agreement, as well as some basic details related to the offer. They'll be asked to confirm some personal information (like their address), and then they'll arrive at the "Disclose Inventions and Patents" step, pictured below. They can then elaborate on the details of their IP so that the agreement includes the correct details.
After the employee continues, depending on the company's settings, the candidate will either (a) be directed to sign the newly revised Employee Confidentiality Agreement (that now includes the disclosures), and the Offer Letter, or (b) the candidate will wait for the company to approve these disclosures before they can continue and sign the documents.
Additional Resources:
Intro to Employment Confidentiality Agreements (ECAs)
Screenshots are for illustrative purposes only.
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