Legal Question in Employment Law in California
If a company's employment agreement states that I must notify the company in writing of any new "inventions" of mine and I fail to do so, what are the possible consequences? What about pre-existing "inventions?" I live in California where my "inventions" (done on my own time, with my own equipment, not interfering with company's business) are protected by California Labor Code 2870. I am obviously asking about "inventions" which are done not on company time, nor on company equipment, and are unrelated to the company's line of business.
2 Answers from Attorneys
-A reasonable reading of "new inventions", unless there is other language in the contract, would restrict it to ones done on company time, using company resources including knowledge and techniques, and in the same field as what the company produces. You could ask for clarification based upon your having inventions made before you started working there, but if some person avoid you feels you have violated company policy it will not matter that much if they are right or wrong, you are likely to get fired for not being a team player. Do not tell anyone about your inventions. If they every become commercially successful, you would probably quit working there anyway.
Sounds like they may be your inventions, but that may not stop a company from claiming rights, especially if they are worth a lot. If you ask them, they will reply that it is theirs, and then you are up a creek. If you truly feel your invention is worth something, you need to spend some money, have your agreements reviewed by a qualified attorney, and have them advise you as to the best way to protect your IP.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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