How to Protect My Inventions From Corporate Ownership While Employed?

Question from Bob, How to Protect My Inventions From Corporate Ownership While Employed?

Answer from AI:

To protect your invention or intellectual property (IP) from being claimed by your employer, consider the following organized approach:

1. Understand Your Employment Contract

• Review the terms of your employment agreement to clarify the scope of what is covered. Typically, ownership applies to inventions created within the scope of your job duties, using company resources or time.

2. Work Outside of Company Time and Resources

• Ensure all work on your project is done outside of work hours and without using company resources, such as equipment, software, or facilities. This helps prevent claims under the “shop right” doctrine.

3. Document Your Process

• Keep detailed records of when, where, and how you worked on your project. This documentation can demonstrate that your work was independent of your employment.

4. Consider the Scope of Employment

• Assess whether your project relates to your job duties. If it’s in a different field, it may be easier to argue it’s outside the scope of your employment.

5. Establish a Separate Business Entity

• Forming an LLC or similar entity can help protect your personal assets and clearly distinguish your project from your employment.

6. Secure Agreements with Collaborators

• If working with others, draft written agreements outlining ownership and contributions to avoid disputes.

7. Consult an Intellectual Property Attorney

• An IP attorney can provide personalized advice, review your contract, and help protect your rights. They can also assist in drafting necessary agreements.

8. Be Mindful of Disclosure

• Avoid unnecessary disclosure to your employer unless required, especially if your project is in a related field.

9. Research State Laws

• Investigate your state’s laws, as some, like California, offer protections for employee inventions created outside of work.

By following these steps, you can minimize the risk of your employer claiming ownership of your invention or IP, allowing you to pursue your project with greater confidence.