united-states, intellectual-propertyI signed an employee agreement 3+ years ago with my employer that states all IP I create while employed belong to the company. I would like to start my own business. The new company would not compete with my employer.
I would like to continue working for my employer while i develop the new company. What is the best way to proceed without leaving the new company exposed to an IP claim?
Take the contract and go ask an IP lawyer. The exact language of the contract, along with the state / region you live will effect whether the IP you create for the new business will be affected.
If it is affected then the only route that will avoid it being at risk is to renegotiate the contract.
No easy answer I’m afraid.
I agree with “adrianh”. Don’t forget that a contract is a contract and you are supposed to respect it.
You signed it without being forced (I hope) and you can’t change the rules in the middle of the game.
It happens that the reality changes (an own-business opportunity in your case) but then, you should try to change the contract as well. And if it is not possible, you should analyze the pros and cons ( 1 - keep the contract and respect it, thus no own business or 2 - cancel the contract and have your own business) and possibly cancel it…
Just an idea that you would definitely need to verify. You might be able to get around the contract by incorporating. Then it would the new legal entity creating the new IP, not you.
All content is licensed under CC BY-SA 3.0.