All Questions
Tagged with employment intellectual-property
36
questions
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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