This template confidential information and invention assignment agreement is to be used by an individual hired as an employee, who agrees to assign certain IP rights to the employer and keep confidential information obtained during their employment. This template includes practical guidance, drafting notes, and alternate and optional clauses. The "consulting" language that appears in the template is designed to cover a situation in which a person originally hired as an employee continues as a consultant for a brief time following termination of their employment with the company. You may delete the consulting language if it is not applicable. For a template intended for an individual engaged solely as an independent contractor, see the Confidential Information and Invention Assignment Agreement (Independent Contractor).) This template is not state specific and therefore applicable state law should be consulted to conform the template to local requirements and you should consult with employment counsel as appropriate, for states vary on their positions regarding invention assignments and non-competition clauses, among other topics addressed in this template. For example, in California, an employer cannot require an employee to assign all inventions created during their employment to the company (i.e., only inventions that the employee originated using company time or resources, or that fall within the company's business or research and development can be legally assigned). For additional guidance, see Confidential Information and Intellectual Property Protection for Start-Ups, Restrictive Covenants and Confidential Information Protection, Confidentiality of Trade Secrets and Other Proprietary Information Maintenance Checklist, and Confidentiality and Non-disclosure Agreements Resource Kit.