Legal Question in Intellectual Property in Illinois

ex-employee rights to ideas

I recently terminated 8 years of employment as a design engineer with a company in IL. Early on in that period, I suggested an innovative product idea. As it meshed well with company's current products, it was accepted, was implemented by me, and continues to this day to be the primary focus of new product development with variations and improvements. About 5 years ago (and again 4 and 3 years ago), I suggested further ideas (not directly competing products but applicable to same market segments). Each time, there was some discussion, but each time the company had consistently declined to pursue any of them and opted to instead continue developing variations of the first idea. As an ex-employee, what rights do I have (and does my previous employer have) if I pursue development and implementation of one of these newer ideas under my own company? I did not sign any ''intellectual property rights'' document when hired but did sign a fairly standard ''non-compete''. (Other than the initial idea disclosure, ALL work refining, adding to, and implementing this newer not-directly competing product would be independent of my previous employer.)

Thank you for any assistance you can lend in delineating the issues.


Asked on 7/07/06, 2:06 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: ex-employee rights to ideas

The answer to your question is that it depends. If you signed an agreement when you left the company and the standard non-disclosure agreement when you were employed there, the substance of these documents would control your situation. If the original idea was patented and covered by one of their patents, I believe you would have a problem. Without specific knowledge of these documents I cannot be more specific.

Good Luck!!

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Answered on 7/07/06, 2:41 pm


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