Legal Question in Intellectual Property in California

Can my employer take my pre-declared IP if I work on it while employed?

I am recently starting a new position, and have made a website that I declared as pre-existing IP in my contract with my software engineering employer, so that I retain the rights. But in the contract, it also specifies that any IP developed while working for them (even during non-work hours) belongs to them. So, can I continue to update my website without it belonging to them?

Thanks!


Asked on 5/21/09, 10:16 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can my employer take my pre-declared IP if I work on it while employed?

How would I know without reading the contract. You have it backwards. Next time it's 1) consult lawyer and 2) sign contract instead of the other way around.

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Answered on 5/21/09, 10:28 pm
Keith E. Cooper Keith E. Cooper, Esq.

Re: Can my employer take my pre-declared IP if I work on it while employed?

It depends on how your contract is worded. Does the exclusion give you the right to continue to update the website?

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Answered on 5/21/09, 10:50 pm


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