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How to protect Intellectual Property from new employer (midwest.social)

submitted 8 months ago* (last edited 8 months ago) by MNByChoice@midwest.social to c/asklemmy@lemmy.ml

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Pretty sure I will be asking a lawyer, but I want to learn more words and concepts first.

A possible new job wants to own any intellectual property I create and wants me to declare anything I want to keep as my own. This seems normal in my industry as they will be paying me to do some thinking.

Issue is that I have a number of ideas I have been developing. I am going to float some of them as products in my own time, though this may be years from now. Most of these are outside the current market for the company as far as I know.

How is this typically handled? I presume I don't need to have copyrights or trademarks prior and can just list tentative titles.

I am also a little unclear on the spread between "intellectual property" and "an idea I am playing with".

Thoughts? Concepts to investigate?

Edit: I did Internet search this, but I have not found working keywords.

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[+] NightAuthor@lemmy.world -19 points 8 months ago* (last edited 8 months ago)

Chat GPT4 says:

It's wise to consult a lawyer for matters involving intellectual property (IP) rights, particularly when entering into an employment agreement that may affect ownership of your ideas. Here are some key concepts and steps you might consider:

Intellectual Property (IP) Assignment: This typically refers to a clause in employment contracts where an employee agrees to transfer the rights of creations related to the job to the employer. Understanding the scope of this clause is crucial.
Pre-existing Works: You should document and list any pre-existing ideas or projects you have developed before joining the company. These should be explicitly excluded from the IP assignment in your contract.
Scope of Work: Clarify with the employer the fields or subjects the IP assignment covers. If your ideas are outside this scope, they may not fall under the company's IP claim.
Invention Assignment Agreements: These are common in tech and creative industries and usually require employees to disclose any inventions made during their employment. Distinguishing between work-related and personal projects is essential here.
Confidentiality and Non-Disclosure Agreements (NDAs): These could also play a role in how your ideas are protected or disclosed.
Document Everything: Keep detailed records of your ideas, the development process, and the dates. This could be vital if there's ever a dispute about when and where the IP was created.
Future Ventures: If you plan to develop your ideas into products in the future, consider forming a legal entity (like an LLC) and assigning your IP to that entity.
Terms to Research: Look into "work made for hire," "non-compete clauses," "trade secrets," and "non-disclosure agreements."

Remember, the laws can vary significantly by jurisdiction, and the specifics of your situation can change the advice significantly, so professional legal counsel is always recommended.