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How to protect Intellectual Property from new employer (midwest.social)

submitted 9 months ago* (last edited 9 months ago) by [email protected] to c/[email protected]

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Pretty sure I will be asking a lawyer, but I want to learn more words and concepts first.

A possible new job wants to own any intellectual property I create and wants me to declare anything I want to keep as my own. This seems normal in my industry as they will be paying me to do some thinking.

Issue is that I have a number of ideas I have been developing. I am going to float some of them as products in my own time, though this may be years from now. Most of these are outside the current market for the company as far as I know.

How is this typically handled? I presume I don't need to have copyrights or trademarks prior and can just list tentative titles.

I am also a little unclear on the spread between "intellectual property" and "an idea I am playing with".

Thoughts? Concepts to investigate?

Edit: I did Internet search this, but I have not found working keywords.

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[–] grabyourmotherskeys 11 points 9 months ago* (last edited 9 months ago) (2 children)

I have signed several of these. If you do it on company time or with company resources, it's theirs. If you do it on your own time with your own stuff, it's yours.

You may or may not be shocked to learn how many "personal projects" get done when people are supposed to be doing the work they get paid for or with resources they are effectively stealing from their employer. This isn't some evil corporate attempt to steal your brilliant work. They are trying to make sure that when you are at work using their stuff you are doing your actual job.

If you have your own things you want to pitch as products you will be giving over the rights to that the minute you work on it on company time with company resources.

If your ideas are good, save money, quit, start a start up, and use your connections to make a good deal with them (sell it to them). Or wait until you are a vested shareholder.

[–] [email protected] 7 points 9 months ago* (last edited 9 months ago) (1 children)

Important to read the contract fully, enlisting a lawyer to assist if needed. I have worked for Fortune 500s that made no distinction about time. I don’t think they took ownership, but it essentially said they had nearly the same rights as an owner would (perpetual licenses, ability to license it to others, etc).

[–] grabyourmotherskeys 4 points 9 months ago

You could not enforce "everything you do is ours" in Canada. You cannot write a contract that overrides employment law. Seems crazy you could do that but maybe US legislation allows it. I can see this, especially in states that are more "pro employer".

[–] [email protected] 3 points 9 months ago (1 children)

I am shocked to learn people would work on side projects at work.

I won't know if my ideas are good until I try them, so I will be defensive until I can test in the market.

Thank you

[–] grabyourmotherskeys 3 points 9 months ago (1 children)

You are probably very new to working in IT/programming if this shocks you and a clause like this is new to you.

I would ask myself how much a regular salary is worth over the value of a "maybe" idea you are not committed to already.

My personal advice is spend your time and energy honing your skills to increase your leverage with employers. When you are ready to take an idea to market you'll need to understand how businesses work, etc. You can learn that at work. Pay attention to everything.

[–] [email protected] 2 points 9 months ago (1 children)

I am shocked that people would endanger their personal projects by doing them at work. It often results in a quick firing. (At least I'm places I have been before.)

New job has the kindest version of the clause I have seen, which is why it is interesting.

[–] grabyourmotherskeys 2 points 9 months ago

I really think people think no one will notice. If you are stealing time and resources from your employer, you probably lack respect for them or have an inflated sense of your importance or expertise.