Comments on: Invention Agreements: A Potential Startup Killer

By: Cheryl's Desk

Cheryl's Desk — Mon, 11 Feb 2008 05:09:33 +0000

I have seen many advisors end up with a claim on the start up company’s IP when the start up refused to pay for the services of the advisor. An inventions agreement is one of the most important agreement to get signed by any advisor or contractor that gets involved in the early days of a startup.

By: Michael Rice

Michael Rice — Sat, 17 Nov 2007 20:19:45 +0000

Hi Ryan,

Thanks for posting this. I’m studying restrictive covenants in IP right now. I can imagine that the plaintiff would want to sue the advisee if it does well, but if the advisee company isn’t away of the agreement, do you think it could defend on that ground?

Or, would it have to be some kind of tortious interference with contract claim? We never touched that in my torts class (only did negligence), so I’m not sure what the requirements are for its proof, but I would think some kind of intent element would be there. Thanks!

By: Michael Rice

Michael Rice — Sat, 17 Nov 2007 15:20:21 +0000

Sorry, I meant to say "aware" not "away of the agreement"…

By: Michael Rice

Michael Rice — Sat, 17 Nov 2007 15:20:00 +0000

Sorry, I meant to say "aware" not "away of the agreement"…