Ask HN: Employee creates IP outside 9-5 unrelated to job. Does employer own it? - zxcvvcxz
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LeoSolaris
Depends entirely upon the agreements you signed when you were hired. Most
companies will not claim ownership of an invention or IP if it was not created
on company time or with company resources.

Some companies also employ a non-compete contract that forbids employees from
starting businesses within the same market.

Hopefully, you kept copies of all of the documents you signed! I believe that
you are entitled to copies upon request in the US, but your mileage may very
by state/local laws.

If you are planning to start a business around your IP, I would strongly
encourage you to contact a lawyer for a consult, if not out right retaining a
lawyer's services. Going over the fundamentals as well as clearing any
potential regulatory hurdles before you start making a profit will save you a
lot of headache later. small mistakes in the area of law have a way of
becoming exceptionally burdensome for small businesses, often at the worst
possible times.

Also, a good accountant is worth their weight in gold for a fledgling
business! Don't let capital gains taxes and general business account
requirements surprise you. The government is far less forgiving than the
market.

Nine out of ten businesses fail in the US. If only one of those nine fail due
to accidentally running afoul of laws or tax mistakes, then you've doubled
your chances of success by being prepared.

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timemachine
I'm not a lawyer; this is not legal advise.

This is one of those questions that have 100 different answers. The first
place to look for the answer is in the employment agreement the employee
signed (if there is one). Also review the employee handbook for any notes.

Next look at how the IP was developed. Did the employee use any hardware,
software, or anything else owned by company while developing IP? This includes
any existing IP owned by the company that the employee may have built on.
Write software on the boss's computer or on the boss's time then it belongs to
the boss.

Next, did employee discuss IP with any coworkers on company time? This is
usually not a big deal in the real world but something avoid if at all
possible.

If you have those bases covered then contact an IP lawyer and get get a
provisional patent. The lawyer will also review anything that is important for
your jurisdiction.

Good luck.

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CyberFonic
In Australia, if you are a salaried professional employee then YES. The
rationale being that you are employed for your specialist knowledge. Unless
the IP is in an area that is not even remotely related to your job description
and any of the employer's areas of business, then you might be able to defend
yourself.

The general advice is to either get an agreement from the employer that they
make no claims upon your IP and that you develop that IP using your own
equipment in your own time. In most cases, it is easier to leave and then
start working on your new idea. Even then, in some cases non-compete
agreements you signed upon starting or even possible upon leaving might
prevent you for entering the market for a specified period of time.

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gaastonsr
[https://www.joelonsoftware.com/2016/12/09/developers-side-
pr...](https://www.joelonsoftware.com/2016/12/09/developers-side-projects/)

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uvince
Rule when I was at Yahoo! "not on company time, not on company equipment" but
you also may want to check that inventions agreement you signed when you
started employment. Those tend to be pretty all-encompassing.

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detaro
Impossible to answer without knowing where in the world you are and what your
contract/other agreements look like.

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dozzie
In my country: no.

