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  • Subject: Re: work contracts inquiry
  • From: David Gibbs <david@xxxxxxxxxxxx>
  • Date: Mon, 02 Oct 2000 18:17:23 -0500

At 02:44 PM 10/02/2000, you wrote:
>The new contract contains that same type of language plus a portion 
>labeled inventions; That basically says if you create anything, even on 
>your own time during employment and for 6 months after employment the 
>rights to that invention belongs to them. Which basically I am 
>understanding to say, if I create a palm pilot app to keep track of 
>expense reports on the side I am obligated to send the code to them and 
>they have the right to sell or distribute the app. Is this practice common 
>in the computer industry? The contract states that even if you have an 
>idea that may be paten-able you are to put it in writing and submit it to 
>the company.

Well, speaking to a few of the points.

1. There's no way in heck they can claim ownership of any inventions you 
create AFTER your employment is terminated.   They have no claim to 
anything you create when they are not paying you.

2. I belive the courts have determined that if you create something on your 
own time, on your own equipment, in an unrelated area, they have no claim 
to it.  If, on the other hand, you happened to work for a widget company 
... and created a new fangled widget (on your own time, on your own 
equipment, etc) they MIGHT have a claim to it (chances are you used 
specific information gained from your employer to create the new fangled 
widget).

3. It's always been my observation that many employment contracts are 
overly broad in scope and a major portion of the verbiage is 
unenforceable.  Heck, if you went by the letter of some of the contracts 
I've been presented with, I couldn't work in the united states, let alone 
the computer industry, for 20 years after terminating employment.

Keep in mind: I'm not a lawyer ... I just play one on TV <grin>.  I highly 
recommend you ask an employment attorney to review the contract before you 
sign it.  It should only cost you a little, but will give you a lot of 
piece of mind.  Heck, if you tell your employer that you even WANT an 
employment attorney to review it, they might drop the idea entirely.

JMHO,

david

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