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(I need to ask this question again since I did not have enough information last time. Now I have access to full set of documents I signed including: NDA, Assignment of inventions etc....)

If I create a product-idea outside of reasonable office hours using my own resources (Money, computer, code-base etc...) will assignment of inventions I signed with my employer prevent me from claiming full rights to my invention?

I also want to make sure that I can use this code-base later to productionize my invention and sell it to enterprise customers later when I leave my current employer.

If it helps the following section applies and is mentioned in my agreement: CALIFORNIA LABOR CODE SECTION 2870

However I have to mention that I work from GA

How will my "Assignment of Inventions Agreement" harm me? I am happy to provide more details on request...

  • @George White Any ideas? – Ace Jun 21 at 18:01
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    Possible duplicate of Assignment of Inventions with Employer – BlueDogRanch Jun 21 at 18:05
  • @BlueDogRanch Thanks! I would like to discuss this afresh as last time I asked the question I did not have all the information . Now I have full documentation to back complete discussion. – Ace Jun 21 at 18:06
  • Is this new product idea/code base related to the work that your employer does? – Ron Beyer Jun 21 at 18:34
  • @RonBeyer It depends on your definition of the word "related". The science itself behind the idea coincides with some of the initiatives of the employer. However the technology and implementation is done ground up and is fully organic. None of the implementation details borrow any ideas from technology of my employer. – Ace Jun 21 at 18:37
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If what you do falls within the scope of the assignment clause and that clause is reasonably necessary to protect the employer’s interests (i.e. it is limited in scope) then they will own the IP.

For example, if your employer is an accounting firm and what you produce is accounting software they will own it. If what you produce is a game or an operating system for a Mars rover, they won’t. If what you produce is a pricing model for financial derivatives, it could go either way.

  • So then, the idea is to steer clear of the employer's "line of business". If my employer is into Tax Filing Software and I do HR Payroll software, then I should be fine, correct? Otherwise they should not be able to argue that I learnt and used Java during employment and used the same language to develop my HR Payroll Software; hence they own my invention! That would be absurd. – Ace Jun 22 at 15:24

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