All Questions
Tagged with employment intellectual-property
36
questions
-2
votes
1
answer
122
views
Protecting AI related IP by assigning all current and future IP to an LLC
Consider a fairly typical IP assignment clause, such as
I understand that the provisions of this Agreement requiring assignment of Inventions to the Company do not apply to any Invention that I have ...
- 1
3
votes
2
answers
264
views
Work-for-hire unpaid: who owns the IP?
Suppose X is a software developer, the only employee of sole proprietor Y.
The contract is oral, "build an app like (famous app), earn $wage per week". Laws breached by this are outside the ...
- 2,948
6
votes
1
answer
532
views
Which type of attorney should I consult for a complex case involving employment, contract, and IP law?
This question concerns another Stack Exchange question: https://workplace.stackexchange.com/questions/195267/agreement-made-at-hire-is-unenforceable-due-to-a-technicality-employer-refuses
What type of ...
- 161
0
votes
1
answer
49
views
USA Employment Law: Job Search with Moonlighting
I am a Software Developer contractor but I also want to have my own side-hustle business. This side hustle business might contain programming, research or developing new software products. However, it ...
- 3
3
votes
1
answer
115
views
difference between work and contractual obligations
In an employment contract, what is the difference between "the course of work" and "performance of contractual obligations"?
For example, in the Swiss Code of Obligations:
Art. ...
- 149
2
votes
1
answer
48
views
Can an employee use an employer's market research subscription to conduct due diligence for IP?
If an employee uses "company resources" to develop IP, then the employer owns said IP. However, what is the scope of "company resources" and "development"? Hypothetically,...
- 21
2
votes
1
answer
186
views
Is it safe to talk about ideas that I have not patented yet over public email?
I have an idea with which I may someday make a startup. I can talk about it with experienced people, over public emails for example. However, I wonder if from patent point of view this is safe. My ...
- 230
1
vote
1
answer
472
views
Can a company own intellectual property created off the clock?
In an employment agreement, can a company claim intellectual property created off the clock unrelated to your their core business?
Specifically if their core business is in a narrow domain of software,...
- 2,189
0
votes
2
answers
151
views
Can a contract clause really stop me from developing something in my own time [duplicate]
My contract states the below:
I assume this means, even things i make in my personal time would belong to the company?
I wonder how enforceable that really is as that would suggest that they would be ...
- 1
1
vote
2
answers
376
views
Employment contract cites state law for a state I do not live in. Does that impact me?
My company has asked me to sign an "assignment of intellectual property" contract. This is standard practice, I understand the purpose, and I've signed a dozen of them before. But this one ...
- 111
1
vote
2
answers
73
views
What intellectual property rights are being surrendered with this contract?
Alice has worked for an quango/academic organisation “The Establishment”, which is part of a larger “Wider Establishment” for some years. She was recently made redundant on pretty good terms and ...
- 7,810
1
vote
4
answers
714
views
I was offered a job, but the contract concerns me
I have been offered a job, but while looking over the contract I found a paragraph that concerns me. I don't want to lose the right to any software that I write or develop outside of the company that ...
- 111
10
votes
2
answers
3k
views
Intellectual property with hiring minor as software engineer
I'm currently running a startup in California, and I'm looking to hire a few minors as paid software engineering interns. Since minors are unable to sign contracts, will I run into any issues with ...
- 103
0
votes
1
answer
64
views
Can a business allow employees to use their own developed software for work as a way to protect its proprietary software?
Can a business allow employees to use their own software for work as a way to make sure that if the company has to declare bankruptcy and sell all its assets, then it can hide its proprietary software ...
- 111
0
votes
1
answer
198
views
Can a Mexican employer really claim rights to IP created before the start of employment if not declared?
THE EMPLOYEE expressly acknowledges that pursuant to Article 163 of the Mexican Labor Law, all rights to any inventions, improvements and any intellectual property rights
(“Intellectual/...
- 386
2
votes
1
answer
304
views
Confused about Intellectual Property Rights
I have applied for a job as a software developer in the UK and have been sent back a contract which has the following wordage:
You agree that all rights to all material created in the course of
your ...
- 123
1
vote
1
answer
109
views
Could signing an intellectual property agreement for an algorithm coding job prevent me from working in a similar industry later?
I am a computer coder / algorithm developer and am just getting started in industry where I know I'll have to deal with IP agreements. In particular, the question I'm asking here came about because I ...
- 11
2
votes
2
answers
181
views
Is this "Works for Hire" language enforceable?
I am reviewing a job offer that includes this Works for Hire clause:
Works for Hire
During the term of your employment, you may create an
idea, process, trademark, invention, technology, program,
...
- 73
0
votes
0
answers
95
views
Patent ownership for inventions by employees on unpaid COVID leave
According to the employment contract, anything an employee comes up with, at any time (e.g. during weekends and completely unrelated to work) is the property of the company. It seems harsh but as ...
1
vote
1
answer
52
views
Assigning intellectual property rights like a provisional patent to oneself while employed
A hypothetical: let's say I am employed in the U.S., and in a field where I am compensated for the results of my ideas or intellectual work, i.e. engineering.
Let's say I have a roughly standard ...
0
votes
2
answers
114
views
Do these terms contradict each other for who owns work created by contractor?
These two sentences are literally side by side and seem to be saying opposite things.
All deliverables and associated documents...developed by Contractor
during the term of this Agreement shall ...
- 59
1
vote
1
answer
159
views
Intellectual property when leaving the employment
Company's time, company's laptop, company's idea submitted to the internal innovation platform.
It was rejected by the corporate immune system:
We are to inform you that your idea has been Backlogged....
1
vote
1
answer
267
views
Are intellectual property indemnity clause, which requires the employee to indemnify the employer, enforceable?
Jurisdiction is England (UK), and it's a clause in an employment contract (permanent).
The following question has been posted on reddit, and I happen to be on the same boat.
I've been offered a ...
- 111
1
vote
1
answer
219
views
Does a 16yo without a work permit have rights to the code he was paid to develop?
I am sixteen, and I have a summer job for a software company.
In my state (Maine), a work permit from school is required for someone of my age to have a job but it was never filled out. I assume ...
1
vote
2
answers
48
views
License to grant intellectual property of paper created in a company [closed]
Is there a license -Open Source license, maybe- which grants the intellectual property on a paper (how-to guide, for example) I have created in a company, even if I work for it?
I would like to make ...
- 19
5
votes
4
answers
933
views
Is this Intellectual Property clause over-reaching?
Here's an extract from my (employee) contract
All rights to any material and results, and all intellectual property rights related thereto, made, written, designed or produced by Nathan Cooper ...
- 165
1
vote
1
answer
439
views
Can an employer steal intellectual property?
Say someone wrote some software PRIOR to employment at the company where they currently work.
They presented it to a CEO and three other high level employees of the company. They expressed, what the ...
- 1,068
2
votes
0
answers
41
views
Is work done on paid time off “work for hire” in California?
I am curious about this, because my understanding was that unless my employment contract stated to the contrary, work done in my spare time without using company resources is not “work for hire” in ...
- 121
7
votes
1
answer
5k
views
Disclosing prior inventions to company before starting work
I know some companies want on boarding employees to disclose to them any invention or innovation they have made. If you do not do this, can the company claim the invention or innovation as their own? ...
- 175
5
votes
1
answer
431
views
Can employer claim ownership of intellectual property made while not at work?
I've heard in job contracts there can be clauses saying that all intellectual property created by the employee during their employment, belongs to the company, regardless if it's done during hours ...
- 175
13
votes
2
answers
2k
views
Who owns the code when my employer wants something similar to my existing open source project?
I have a similar situation to this question.
My employer hired me knowing that I work on some open source projects, but for a long time, showed no interest in my open source projects. Now they want ...
- 233
1
vote
1
answer
258
views
Who owns the intellectual property that I complete outside of work?
I'm currently employed for a company as a software engineer. In my own time separate from my employment I write software. The software I write on my own has nothing remotely to do with my employment. ...
- 13
1
vote
2
answers
1k
views
Assignment of all Intellectual Property on an Employment Contract
I recently got an offer from a company and my contract includes the following. (I have not signed it yet)
It's a soft. dev job and I do a lot of hobby coding. And company is aware of that.
You ...
4
votes
2
answers
230
views
Tools of the trade, software implications
My understanding of the general legal principle of "tools of the trade" is that tools which are necessary for the exercise of a profession are the inviolate property of the tradesman and cannot be ...
- 6,998
0
votes
1
answer
285
views
Intellectual property at employee hackathon?
The company I am working for this summer is going to be hosting an hackathon for its summer interns. Out of idle curiosity, I asked about the IP rights for any resulting projects, and got the (not ...
2
votes
2
answers
111
views
Can one publish an assignment completed during a hiring process?
Say a company gives a week long assignment during the hiring process of a Software Engineer role and ask for the project´s codebase to remain private.
Can they morally and legally ask to keep that ...
- 71