Legal Question in Intellectual Property in California

Re: Non-compete

If you believe it is a non-compete, then you should treat it as such.

Re: Non-compete

I think it's dangerous to assume what the document contains.

The title of the agreement sounds like a combined type of agreement to me. The "Confidential Information" portion could be like a Non-Disclosure Agreement (NDA), wherein you agree to keep information secret. The "Invention Assignment" portion may contain language that you acknowledge the other party owns all intellectual property, and if inventions are created in the course of your employment, you agree to assign the intellectual property to the ownership of the other party. If it contains language that limits your ability to compete with the party after you no longer work for/with them (limiting time, geographic area, and scope), then these non-compete provisions could also legitimately be in the same document.

All of this is speculation, of course, because I cannot see the contract. However, I think if the title of the document implies that it contains more than just non-compete provisions, you should read the document very carefully - or better yet, have an attorney take a look.

If in doubt, you should have an attorney review the agreement before signing.

Re: Non-compete

The title of the document is largely irrelevant. The content of the agreement is what matters.

It should be noted, however, that the promise to maintain inventions and confidential information as confidential CAN be enforced, even where non-compete language may NOT be enforceable.

Your best bet is to seek legal advice before signing, if you're concerned about the language.

Re: Non-compete

The title of the document is largely irrelevant. The content of the agreement is what matters.

It should be noted, however, that the promise to maintain inventions and confidential information as confidential CAN be enforced, even where non-compete language may NOT be enforceable.

Your best bet is to seek legal advice before signing, if you're concerned about the language.