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My employer asked me to sign this "Invention Assignment" doc, should I?

6 点作者 JavaRhino大约 13 年前

8 条评论

mindcrime大约 13 年前
Just this bit:<p><i>... during the period of time I am in the employ of the Company (including during my off-duty hours), ...</i><p>Is enough for me to recommend "hell no" as the answer. Unless they're compensating you sufficiently for working 24 hours a day, 7 days a week. If you sign this, I hope you're asking for something like a million dollar per year salary (you have to keep opportunity cost in mind as well).
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lrvick大约 13 年前
I crossed out all the sections that pertained to ownership of my inventions in the last one of these documents that was handed to me. Then a couple years later someone tried to pull the "You can't open source that! It's our property". To which I responded "I already did open source it, and if you want my continued work on the project you will let me do as I please with what is MY code. Go check that contract again and look at the parts I crossed out very carefully" ;-)
gdubs大约 13 年前
Just wanted to add here, that in my experience I've been able to get potential employers to strike a LOT from their boilerplate contracts. If you're even the least bit concerned, I suggest crossing out the parts you don't like or don't understand and sending it back. The worst that will happen is their legal team will say, "sorry we can't lose those sections". Everything is negotiable.
diego大约 13 年前
That is insane. Anything that you do on your own time, outside the company premises, and using your own resources (e.g. weekend or late-night hacking at home using your own computer, and not going through the company's VPN) SHOULD NEVER belong to the company. I would never sign that. If they won't change that part, run away.
JavaRhino大约 13 年前
I get that it's only supposed to be used if there is a "problem" but I have some concerns about it, not limited to the fact that most of the code we right is GPL'd or touched by GPL. I'm being told this is necessary for a diligence audit (we're a startup working on a funding round.) Could really use some feedback on this document as it's completely outside my knowledge domain.
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GoodIntentions大约 13 年前
OK. I didn't read all that, but...<p>I have in the past worked for a company that essentially asked for everything I did 24/7 be assigned to them. I negotiated my right to develop on my own time anything that did not compete. It took a few back and forths with the legal counsel, but in the end it was fair to everyone. If they aren't willing to do that much for you, I'd find a better employer.
earl大约 13 年前
I am not a lawyer. If this is of concern to you, you should see a real live employment lawyer in the state in which you will work.<p>That said, CA law (and I saw the word California in that document) places some restrictions on invention assignment agreements [1]:<p><pre><code> For instance, California Labor Code §2870 provides that an employer may not include provisions requiring employees to assign an invention created entirely on the employee's time without using the employer's resources, unless they relate to the employer's business or anticipated business or result from the work the employee performs for the employer. </code></pre> But I'd just tell your prospective employer that you want a carveout for stuff on your time on your equipment. There are so many engineering jobs right now that you should be able to credibly claim you'll find alternate employment.<p>[1] <a href="http://www.calstartuplawfirm.com/business-lawyer-blog/IP-ownership-and-assignment.php" rel="nofollow">http://www.calstartuplawfirm.com/business-lawyer-blog/IP-own...</a>
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paulhauggis大约 13 年前
Do you want your own company? If so, don't sign it. Personally, I would not ever sign something like this.