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In today's competitive business landscape, protecting intellectual property rights is crucial for employees. This article explores effective strategies to safeguard your innovative ideas and creations while navigating the complexities of employment. Drawing on insights from industry experts, readers will discover practical steps to secure their intellectual assets and maintain ownership of their work.
Anthony Michel; Steven Lowell; Zach Shepard
If you're an employee innovating or creating something new, a crucial question to ask is: "What's the absolute first step I should take to protect my ownership rights if I'm developing an invention or creative work while employed?"
From a legal standpoint concerning employees' rights, the most important measure is to thoroughly review your employment agreement, offer letter, and any intellectual property or invention assignment policies your employer has. Many companies include clauses stating that anything you create or invent while employed, even on your own time or with your own resources, may belong to the company if it relates to their business.
Beyond understanding your contract, it's vital to meticulously document every stage of your invention or creative work. This means keeping detailed, dated notes, sketches, and records of ideation and development. If you develop something entirely on your own time and using only personal resources, ensure there's a clear separation from your employer's work; use personal computers, email, and don't involve company resources. It's often advisable to seek independent legal counsel to review your specific situation and employment terms before disclosing your invention to your employer or attempting to patent or copyright it, as this proactive step can be critical in safeguarding your valuable intellectual property.
Steven LowellSr. Reverse Recruiter & Career Coach, Find My ProfessionWorking in the technology industry, this question has come up quite frequently. Personally, I sought the help of an employment lawyer back in 2013 after a difficult separation from a company.
The question I asked, and wished I had known sooner, was, "What can I do to protect my intellectual property outside of company purview, just in case the company decides to change the agreement on me before the project ends?"
We live in a world of endless information being fed to us in our own algorithm-driven silos. Therefore, it is very challenging to make claims that you came up with an idea first. The company I work with developed the very first "reverse recruiting service," which was unheard of in 2015. However, the name is so commonly used now that it would be impossible to have any patent or trademark on it, especially if everyone can claim they were offering a similar service but under a different name.
The most important measure you can take to safeguard your inventions or creative works is to simply save everything. Keep a time-stamped, chronological record of who, what, when, where, and how the idea went from concept to launch. Next, implement strong security measures like data encryption and limited access to that information. The best way to keep a secret is to tell as few people as possible.
Having a good non-disclosure agreement in place for anybody working on the project is a great idea as well.
Zach ShepardPrincipal, Braddock Investment Group IncOne question that I would ask an employment lawyer about protecting my intellectual property rights as an employee is: "What steps can I take to ensure that any inventions or creative works I develop while working for a company are properly protected?"
This is a crucial concern for employees, especially in industries where innovation and creativity are highly valued. Without proper protection, an employer may have the right to claim ownership of any work created by their employee within the scope of their job duties.
An employment lawyer can provide valuable insights on how to safeguard your intellectual property rights as an employee. They may recommend the following steps:
1. Review your employment contract carefully: Your employment contract should have a section on intellectual property rights, outlining who owns any work created during your employment. Make sure you understand and agree to these terms before signing.
2. Keep detailed records: It is important to keep track of all the work you create while employed, especially if it involves creative or innovative ideas. This can be used as evidence in case of a dispute over ownership.
3. Consider negotiating for a separate agreement: If you feel that the intellectual property clause in your employment contract is too broad or restrictive, you may negotiate for a separate agreement specifically addressing this issue.
