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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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[–] [email protected] 9 points 9 months ago

Generally speaking, if you are developing things related to your employment position, your employer is going to have some kind of legal claim to what you're developing, even if you're doing it on your own time. It's it's not directly related to things that your company does, or your position within a company, then you're probably okay.

If I design advertising campaigns, and I come up with a novel way of making a low bore axis handgun (...that doesn't infringe on patents owned by Daniel Defense or Laugo) as a hobbyist machinist, then it is very unlikely that the advertising firm that I work for will own my firearm design. If, on the other hand, I come up with a novel form of marketing campaign on my own time that hasn't been previously conceptualized, then it is much more likely that the firm I work for will have a claim to that.

If you have real concerns about this, please consult with an IP and/or employment attorney in your state.