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Thanks. The issue is that I signed the prior IP form months ago. They didn't, HR sent it off to be reviewed or whatever, and they're just now getting back to me. Months after I started working there.

Thus, I don't know what happens when they now say "we can't approve that." Is it still a 'condition of employment' that I sign it? Even if they gave me the job without themselves signing it? Can they just "not hire me" or would they have to fire me or would I quit or....



Again, you should run this by an attorney, but here's my reaction.

You have put your IP at risk by starting work without receiving a signed copy of the prior IP form. Yes, you were going on the assumption that everything would be okay, but in a situation where you know you have IP that overlaps theirs, that was naive.

I still think you should quit. For one thing, if you continue to work knowing that they're not accepting your prior IP declaration, you are tacitly accepting their non-acceptance, a point that could work against you if this went to court. But beyond that, the only leverage you have in this situation is the value of the work you're doing for them. If you continue to work, you're giving them what they want without appropriate compensation. If you want to negotiate a licensing arrangement for your IP, you'll never do it while you're an employee; the only hope is to make it a condition of your return.

Don't take this advice without running it by an attorney, but that's what I think. (It's possible, for example, that instead of quitting outright you should simply refuse to sign any other prior IP form, and let them fire you. But I would always rather be able to tell my next employer that I quit, rather than try to explain why I was fired.)

Here's another consideration. They've as much as told you that they're trying to get acquired. You don't know who the acquirer will be or what kind of management they will have. Whatever difficulty you are having getting your IP rights recognized now will be squared in that situation.

BTW, if money is tight for you, you should immediately start looking for another job -- one that won't have this kind of problem. This advice you should take in any case, because looking is free and has no downside. If you can find something else quickly, you'll be in a much better position to negotiate with your current employer.




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