Does my employer have any right to my inventions if I don't develop it during work?

Question

I am a software developer and in my private time I develop web interface technology that I believe could be protected as intellectual property. Without having any proof that this was created during work hours can my employer claim any rights to the IP?

Answers: 2 public & 0 private

Steven weinrieb
Patent Attorney

It depends what your employment contract states - some employers want rights to all IP developed by you, some will let you develop non-competing IP and permit you to retain the rights to the IP - consult your employment contract. Also consult a patent attorney who specializes in software patents.

Lawrence lau
IP Broker

Read your employment contract, their IP manual/policies or just ask the boss for a signed disclaimer of interest in non-work related IP. If you use business resources, proprietary IP or worse, trade secrets there could be legal complications depending on how hardnosed they are (on the spectrum from copyleftist to IPrightists).

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