Legal Question in Employment Law in Massachusetts

I would like to start a software company and have an idea for a flagship software product I want to design. However, I work for an IT company where I signed an employment contract that says any work I perform or intellectual property I create in the field of the IT company belongs to the IT company. I don't see overlap between my software and the work of the IT company (as the IT company does not manufacture software), but the wording "field of the IT company" seems vague and could probably cover just about anything.

To be careful, I sent my boss (partial owner of the company) an email that states the nature of my software idea, that I am interested in designing this software on my own time unrelated to the company's work, and that I wanted to be sure that there is no conflict with the IT company and that the consulting company would have no share in this software. I stated in the email for my boss to get back to me in the next 3 days if there is any issue with this plan.

My question is- if my boss does not respond to this email, am I free and clear to pursue building the software without fear that the IT company can later make a legitimate legal claim to the intellectual property of my idea / software design?


Asked on 10/15/09, 5:09 pm

1 Answer from Attorneys
William Harrington Law Office of William T. Harrington

I would not rely on a failure to respond. You want the company to agree in writing that you pursue developing the software on your own time and that it has no rights to it. Your employer may refuse and you will have to weigh your options. Before you enter any agreement you should hire a lawyer to review the pertinent contracts. Lastly save a hard copy of all emails.

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Answered on 10/20/09, 8:50 pm


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