Intellectual property (IP) - Who owns the rights to my work [closed]

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I work for an IT company whose policy states that any work/innovations that I do while working inside of the company premises belong to the company and I don't have any claims on them.



However, i was told by my friend, that work (writing code etc) that I do over the weekend on my personal computer at home also can be claimed as their IP, since my work at home is currently being influenced by the work I do at office.



So my question is how does Intellectual property (IP) rights generally work? How can I tell if the work I am doing is likely to be claimed by my employer? And is there anything I can do to protect myself without the expense of consulting a lawyer?







share|improve this question














closed as off topic by Joe Strazzere, CincinnatiProgrammer, GreenMatt, acolyte, Jim G. May 14 '13 at 17:13


Questions on The Workplace Stack Exchange are expected to relate to the workplace within the scope defined by the community. Consider editing the question or leaving comments for improvement if you believe the question can be reworded to fit within the scope. Read more about reopening questions here. If this question can be reworded to fit the rules in the help center, please edit the question.










  • 8




    Read your contract...
    – XåpplI'-I0llwlg'I -
    May 13 '13 at 11:44






  • 8




    Legal questions are for lawyers; don't trust anything any stranger says on the Internet. What's more, some of those who attempt to answer your question may be risking legal liability as well. Again, contact a real lawyer.
    – Deer Hunter
    May 13 '13 at 12:01







  • 3




    This question is generic enough we could answer it with out a legal opinion.
    – IDrinkandIKnowThings
    May 13 '13 at 19:58







  • 5




    @Chad i don't really see how. This is still asking who owns the rights to work done. We can give general answers, yes. but such answers would be almost useless, as they couldn't be relied on. Only actual legal counsel would be able to answer this, or alternatively, re-reading one's contract and/or asking this of someone in HR. Edit: also, with your re-write it turns into a handful of different issues, a bit much for a single question it seems.
    – acolyte
    May 13 '13 at 20:45







  • 3




    @Chad I don't even see anything about which jurisdiction the OP is in, so how could this be definitely answered as it stands at present? Even not considering the fact that "intellectual property" lumps together as diverse topics as copyright, patents and corporate/trade secrets, laws vary from country to country and sometimes even within a single country, and they definitely change over time.
    – Michael Kjörling
    May 14 '13 at 8:55
















up vote
2
down vote

favorite












I work for an IT company whose policy states that any work/innovations that I do while working inside of the company premises belong to the company and I don't have any claims on them.



However, i was told by my friend, that work (writing code etc) that I do over the weekend on my personal computer at home also can be claimed as their IP, since my work at home is currently being influenced by the work I do at office.



So my question is how does Intellectual property (IP) rights generally work? How can I tell if the work I am doing is likely to be claimed by my employer? And is there anything I can do to protect myself without the expense of consulting a lawyer?







share|improve this question














closed as off topic by Joe Strazzere, CincinnatiProgrammer, GreenMatt, acolyte, Jim G. May 14 '13 at 17:13


Questions on The Workplace Stack Exchange are expected to relate to the workplace within the scope defined by the community. Consider editing the question or leaving comments for improvement if you believe the question can be reworded to fit within the scope. Read more about reopening questions here. If this question can be reworded to fit the rules in the help center, please edit the question.










  • 8




    Read your contract...
    – XåpplI'-I0llwlg'I -
    May 13 '13 at 11:44






  • 8




    Legal questions are for lawyers; don't trust anything any stranger says on the Internet. What's more, some of those who attempt to answer your question may be risking legal liability as well. Again, contact a real lawyer.
    – Deer Hunter
    May 13 '13 at 12:01







  • 3




    This question is generic enough we could answer it with out a legal opinion.
    – IDrinkandIKnowThings
    May 13 '13 at 19:58







  • 5




    @Chad i don't really see how. This is still asking who owns the rights to work done. We can give general answers, yes. but such answers would be almost useless, as they couldn't be relied on. Only actual legal counsel would be able to answer this, or alternatively, re-reading one's contract and/or asking this of someone in HR. Edit: also, with your re-write it turns into a handful of different issues, a bit much for a single question it seems.
    – acolyte
    May 13 '13 at 20:45







  • 3




    @Chad I don't even see anything about which jurisdiction the OP is in, so how could this be definitely answered as it stands at present? Even not considering the fact that "intellectual property" lumps together as diverse topics as copyright, patents and corporate/trade secrets, laws vary from country to country and sometimes even within a single country, and they definitely change over time.
    – Michael Kjörling
    May 14 '13 at 8:55












up vote
2
down vote

favorite









up vote
2
down vote

favorite











I work for an IT company whose policy states that any work/innovations that I do while working inside of the company premises belong to the company and I don't have any claims on them.



However, i was told by my friend, that work (writing code etc) that I do over the weekend on my personal computer at home also can be claimed as their IP, since my work at home is currently being influenced by the work I do at office.



So my question is how does Intellectual property (IP) rights generally work? How can I tell if the work I am doing is likely to be claimed by my employer? And is there anything I can do to protect myself without the expense of consulting a lawyer?







share|improve this question














I work for an IT company whose policy states that any work/innovations that I do while working inside of the company premises belong to the company and I don't have any claims on them.



However, i was told by my friend, that work (writing code etc) that I do over the weekend on my personal computer at home also can be claimed as their IP, since my work at home is currently being influenced by the work I do at office.



So my question is how does Intellectual property (IP) rights generally work? How can I tell if the work I am doing is likely to be claimed by my employer? And is there anything I can do to protect myself without the expense of consulting a lawyer?









share|improve this question













share|improve this question




share|improve this question








edited Dec 2 '13 at 13:01









AakashM

2,31711729




2,31711729










asked May 13 '13 at 11:38









Nerrve

12515




12515




closed as off topic by Joe Strazzere, CincinnatiProgrammer, GreenMatt, acolyte, Jim G. May 14 '13 at 17:13


Questions on The Workplace Stack Exchange are expected to relate to the workplace within the scope defined by the community. Consider editing the question or leaving comments for improvement if you believe the question can be reworded to fit within the scope. Read more about reopening questions here. If this question can be reworded to fit the rules in the help center, please edit the question.






closed as off topic by Joe Strazzere, CincinnatiProgrammer, GreenMatt, acolyte, Jim G. May 14 '13 at 17:13


Questions on The Workplace Stack Exchange are expected to relate to the workplace within the scope defined by the community. Consider editing the question or leaving comments for improvement if you believe the question can be reworded to fit within the scope. Read more about reopening questions here. If this question can be reworded to fit the rules in the help center, please edit the question.









  • 8




    Read your contract...
    – XåpplI'-I0llwlg'I -
    May 13 '13 at 11:44






  • 8




    Legal questions are for lawyers; don't trust anything any stranger says on the Internet. What's more, some of those who attempt to answer your question may be risking legal liability as well. Again, contact a real lawyer.
    – Deer Hunter
    May 13 '13 at 12:01







  • 3




    This question is generic enough we could answer it with out a legal opinion.
    – IDrinkandIKnowThings
    May 13 '13 at 19:58







  • 5




    @Chad i don't really see how. This is still asking who owns the rights to work done. We can give general answers, yes. but such answers would be almost useless, as they couldn't be relied on. Only actual legal counsel would be able to answer this, or alternatively, re-reading one's contract and/or asking this of someone in HR. Edit: also, with your re-write it turns into a handful of different issues, a bit much for a single question it seems.
    – acolyte
    May 13 '13 at 20:45







  • 3




    @Chad I don't even see anything about which jurisdiction the OP is in, so how could this be definitely answered as it stands at present? Even not considering the fact that "intellectual property" lumps together as diverse topics as copyright, patents and corporate/trade secrets, laws vary from country to country and sometimes even within a single country, and they definitely change over time.
    – Michael Kjörling
    May 14 '13 at 8:55












  • 8




    Read your contract...
    – XåpplI'-I0llwlg'I -
    May 13 '13 at 11:44






  • 8




    Legal questions are for lawyers; don't trust anything any stranger says on the Internet. What's more, some of those who attempt to answer your question may be risking legal liability as well. Again, contact a real lawyer.
    – Deer Hunter
    May 13 '13 at 12:01







  • 3




    This question is generic enough we could answer it with out a legal opinion.
    – IDrinkandIKnowThings
    May 13 '13 at 19:58







  • 5




    @Chad i don't really see how. This is still asking who owns the rights to work done. We can give general answers, yes. but such answers would be almost useless, as they couldn't be relied on. Only actual legal counsel would be able to answer this, or alternatively, re-reading one's contract and/or asking this of someone in HR. Edit: also, with your re-write it turns into a handful of different issues, a bit much for a single question it seems.
    – acolyte
    May 13 '13 at 20:45







  • 3




    @Chad I don't even see anything about which jurisdiction the OP is in, so how could this be definitely answered as it stands at present? Even not considering the fact that "intellectual property" lumps together as diverse topics as copyright, patents and corporate/trade secrets, laws vary from country to country and sometimes even within a single country, and they definitely change over time.
    – Michael Kjörling
    May 14 '13 at 8:55







8




8




Read your contract...
– XåpplI'-I0llwlg'I -
May 13 '13 at 11:44




Read your contract...
– XåpplI'-I0llwlg'I -
May 13 '13 at 11:44




8




8




Legal questions are for lawyers; don't trust anything any stranger says on the Internet. What's more, some of those who attempt to answer your question may be risking legal liability as well. Again, contact a real lawyer.
– Deer Hunter
May 13 '13 at 12:01





Legal questions are for lawyers; don't trust anything any stranger says on the Internet. What's more, some of those who attempt to answer your question may be risking legal liability as well. Again, contact a real lawyer.
– Deer Hunter
May 13 '13 at 12:01





3




3




This question is generic enough we could answer it with out a legal opinion.
– IDrinkandIKnowThings
May 13 '13 at 19:58





This question is generic enough we could answer it with out a legal opinion.
– IDrinkandIKnowThings
May 13 '13 at 19:58





5




5




@Chad i don't really see how. This is still asking who owns the rights to work done. We can give general answers, yes. but such answers would be almost useless, as they couldn't be relied on. Only actual legal counsel would be able to answer this, or alternatively, re-reading one's contract and/or asking this of someone in HR. Edit: also, with your re-write it turns into a handful of different issues, a bit much for a single question it seems.
– acolyte
May 13 '13 at 20:45





@Chad i don't really see how. This is still asking who owns the rights to work done. We can give general answers, yes. but such answers would be almost useless, as they couldn't be relied on. Only actual legal counsel would be able to answer this, or alternatively, re-reading one's contract and/or asking this of someone in HR. Edit: also, with your re-write it turns into a handful of different issues, a bit much for a single question it seems.
– acolyte
May 13 '13 at 20:45





3




3




@Chad I don't even see anything about which jurisdiction the OP is in, so how could this be definitely answered as it stands at present? Even not considering the fact that "intellectual property" lumps together as diverse topics as copyright, patents and corporate/trade secrets, laws vary from country to country and sometimes even within a single country, and they definitely change over time.
– Michael Kjörling
May 14 '13 at 8:55




@Chad I don't even see anything about which jurisdiction the OP is in, so how could this be definitely answered as it stands at present? Even not considering the fact that "intellectual property" lumps together as diverse topics as copyright, patents and corporate/trade secrets, laws vary from country to country and sometimes even within a single country, and they definitely change over time.
– Michael Kjörling
May 14 '13 at 8:55










2 Answers
2






active

oldest

votes

















up vote
3
down vote



accepted










While this may vary some by jurisdiction, in general, any work which you do while working for someone else is considered a Work for Hire. Unless your contract states otherwise you generally do not have any claim toward that work. Most contracts in technology include a claim on any work done while employed that can be related to the business of the person holding your contract. Even without this provision in your contract unless you can prove that the work was done entirely off the clock, and without using any resources of the company you are contracted to, the company could still try and claim your work, especially if it is based off of knowledge that you obtained while working for them.



For instance say I work for an Ecommerce company developing their payment services. And then while still working for them I take that knowledge and develop a Point of Sale system. Unless I can prove that I separated the time spent, did not use any of their resources, and that the projects were managed independently, the company has a decent chance of having that work declare a work for hire product of theirs. If there is the provision then it increases their chances of winning. So if your work is directly related to the companies work, then I would not risk losing my work by doing the development while on contract to them.



What you could do is approach them about the Idea you have for a project. Ask them if they would be interested, and if not then ask them if they would be willing to sign off on allowing you to pursue the project during your off hours. If they say yes get a lawyer to draw up the release and get them to sign off on it. Until they sign off agreeing to allow you to do the work for yourself, assume that they will change their mind. If they say no to both, you may have a non compete in your contract that will prohibit you from doing work that could compete with their work. This will generally cover projects that relate to their business such as the one you describe.



If you have concerns about legal matters it is best to consult a lawyer. From how you described your situation a trip to a lawyer sounds warranted so that you can understand the specifics of how your local laws are applied. Even in the US different courts apply these laws differently. In India, it is my understanding that this is even more true. So having someone who understands the local courts is valuable in these situations.






share|improve this answer



























    up vote
    1
    down vote













    If you are basing it off of something you would not have learned unless it was on that job it would not likely be yours. For a concept to be yours, it must be one you could have thought of without having had any connection to that company or use of its assets.



    If it was something that occurred to you while on the premises but not specifically inspired by something only available to you at THAT job (and you have not contributed it to that job/left any record of your thoughts about it on the job) then in my opinion, it's as if you created it without them. I'm not a lawyer, but here's my logic.



    Example: I am a cookie baker hired to work at a baking company coming up with secret recipes for chocolate chip cookies. One day, I thought that adding guacamole would really enchance the flavour. If I don't tell anyone at the company about it, there's no guacamole at the job site that is being considered as an ingredient, and I go home and experiment with guacamole to discover it's the best recipe idea ever, it would be my idea.



    Chocolate chip cookies are not the sole domain of that company, there was nothing at the company which inspired my idea, and the idea could have as easily come to me at home in my own kitchen while baking my own cookies. Companies do not own thoughts that occur while on the premises, if those ideas are not inspired by something on the premises.



    Now if it was someone else's idea to add guacamole to those cookies, and all you did was figure out an amount to add that tasted better, then it is based on information already owned by the company, you would be out in the cold.



    My opinion.






    share|improve this answer



























      2 Answers
      2






      active

      oldest

      votes








      2 Answers
      2






      active

      oldest

      votes









      active

      oldest

      votes






      active

      oldest

      votes








      up vote
      3
      down vote



      accepted










      While this may vary some by jurisdiction, in general, any work which you do while working for someone else is considered a Work for Hire. Unless your contract states otherwise you generally do not have any claim toward that work. Most contracts in technology include a claim on any work done while employed that can be related to the business of the person holding your contract. Even without this provision in your contract unless you can prove that the work was done entirely off the clock, and without using any resources of the company you are contracted to, the company could still try and claim your work, especially if it is based off of knowledge that you obtained while working for them.



      For instance say I work for an Ecommerce company developing their payment services. And then while still working for them I take that knowledge and develop a Point of Sale system. Unless I can prove that I separated the time spent, did not use any of their resources, and that the projects were managed independently, the company has a decent chance of having that work declare a work for hire product of theirs. If there is the provision then it increases their chances of winning. So if your work is directly related to the companies work, then I would not risk losing my work by doing the development while on contract to them.



      What you could do is approach them about the Idea you have for a project. Ask them if they would be interested, and if not then ask them if they would be willing to sign off on allowing you to pursue the project during your off hours. If they say yes get a lawyer to draw up the release and get them to sign off on it. Until they sign off agreeing to allow you to do the work for yourself, assume that they will change their mind. If they say no to both, you may have a non compete in your contract that will prohibit you from doing work that could compete with their work. This will generally cover projects that relate to their business such as the one you describe.



      If you have concerns about legal matters it is best to consult a lawyer. From how you described your situation a trip to a lawyer sounds warranted so that you can understand the specifics of how your local laws are applied. Even in the US different courts apply these laws differently. In India, it is my understanding that this is even more true. So having someone who understands the local courts is valuable in these situations.






      share|improve this answer
























        up vote
        3
        down vote



        accepted










        While this may vary some by jurisdiction, in general, any work which you do while working for someone else is considered a Work for Hire. Unless your contract states otherwise you generally do not have any claim toward that work. Most contracts in technology include a claim on any work done while employed that can be related to the business of the person holding your contract. Even without this provision in your contract unless you can prove that the work was done entirely off the clock, and without using any resources of the company you are contracted to, the company could still try and claim your work, especially if it is based off of knowledge that you obtained while working for them.



        For instance say I work for an Ecommerce company developing their payment services. And then while still working for them I take that knowledge and develop a Point of Sale system. Unless I can prove that I separated the time spent, did not use any of their resources, and that the projects were managed independently, the company has a decent chance of having that work declare a work for hire product of theirs. If there is the provision then it increases their chances of winning. So if your work is directly related to the companies work, then I would not risk losing my work by doing the development while on contract to them.



        What you could do is approach them about the Idea you have for a project. Ask them if they would be interested, and if not then ask them if they would be willing to sign off on allowing you to pursue the project during your off hours. If they say yes get a lawyer to draw up the release and get them to sign off on it. Until they sign off agreeing to allow you to do the work for yourself, assume that they will change their mind. If they say no to both, you may have a non compete in your contract that will prohibit you from doing work that could compete with their work. This will generally cover projects that relate to their business such as the one you describe.



        If you have concerns about legal matters it is best to consult a lawyer. From how you described your situation a trip to a lawyer sounds warranted so that you can understand the specifics of how your local laws are applied. Even in the US different courts apply these laws differently. In India, it is my understanding that this is even more true. So having someone who understands the local courts is valuable in these situations.






        share|improve this answer






















          up vote
          3
          down vote



          accepted







          up vote
          3
          down vote



          accepted






          While this may vary some by jurisdiction, in general, any work which you do while working for someone else is considered a Work for Hire. Unless your contract states otherwise you generally do not have any claim toward that work. Most contracts in technology include a claim on any work done while employed that can be related to the business of the person holding your contract. Even without this provision in your contract unless you can prove that the work was done entirely off the clock, and without using any resources of the company you are contracted to, the company could still try and claim your work, especially if it is based off of knowledge that you obtained while working for them.



          For instance say I work for an Ecommerce company developing their payment services. And then while still working for them I take that knowledge and develop a Point of Sale system. Unless I can prove that I separated the time spent, did not use any of their resources, and that the projects were managed independently, the company has a decent chance of having that work declare a work for hire product of theirs. If there is the provision then it increases their chances of winning. So if your work is directly related to the companies work, then I would not risk losing my work by doing the development while on contract to them.



          What you could do is approach them about the Idea you have for a project. Ask them if they would be interested, and if not then ask them if they would be willing to sign off on allowing you to pursue the project during your off hours. If they say yes get a lawyer to draw up the release and get them to sign off on it. Until they sign off agreeing to allow you to do the work for yourself, assume that they will change their mind. If they say no to both, you may have a non compete in your contract that will prohibit you from doing work that could compete with their work. This will generally cover projects that relate to their business such as the one you describe.



          If you have concerns about legal matters it is best to consult a lawyer. From how you described your situation a trip to a lawyer sounds warranted so that you can understand the specifics of how your local laws are applied. Even in the US different courts apply these laws differently. In India, it is my understanding that this is even more true. So having someone who understands the local courts is valuable in these situations.






          share|improve this answer












          While this may vary some by jurisdiction, in general, any work which you do while working for someone else is considered a Work for Hire. Unless your contract states otherwise you generally do not have any claim toward that work. Most contracts in technology include a claim on any work done while employed that can be related to the business of the person holding your contract. Even without this provision in your contract unless you can prove that the work was done entirely off the clock, and without using any resources of the company you are contracted to, the company could still try and claim your work, especially if it is based off of knowledge that you obtained while working for them.



          For instance say I work for an Ecommerce company developing their payment services. And then while still working for them I take that knowledge and develop a Point of Sale system. Unless I can prove that I separated the time spent, did not use any of their resources, and that the projects were managed independently, the company has a decent chance of having that work declare a work for hire product of theirs. If there is the provision then it increases their chances of winning. So if your work is directly related to the companies work, then I would not risk losing my work by doing the development while on contract to them.



          What you could do is approach them about the Idea you have for a project. Ask them if they would be interested, and if not then ask them if they would be willing to sign off on allowing you to pursue the project during your off hours. If they say yes get a lawyer to draw up the release and get them to sign off on it. Until they sign off agreeing to allow you to do the work for yourself, assume that they will change their mind. If they say no to both, you may have a non compete in your contract that will prohibit you from doing work that could compete with their work. This will generally cover projects that relate to their business such as the one you describe.



          If you have concerns about legal matters it is best to consult a lawyer. From how you described your situation a trip to a lawyer sounds warranted so that you can understand the specifics of how your local laws are applied. Even in the US different courts apply these laws differently. In India, it is my understanding that this is even more true. So having someone who understands the local courts is valuable in these situations.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered May 14 '13 at 12:49









          IDrinkandIKnowThings

          43.9k1398188




          43.9k1398188






















              up vote
              1
              down vote













              If you are basing it off of something you would not have learned unless it was on that job it would not likely be yours. For a concept to be yours, it must be one you could have thought of without having had any connection to that company or use of its assets.



              If it was something that occurred to you while on the premises but not specifically inspired by something only available to you at THAT job (and you have not contributed it to that job/left any record of your thoughts about it on the job) then in my opinion, it's as if you created it without them. I'm not a lawyer, but here's my logic.



              Example: I am a cookie baker hired to work at a baking company coming up with secret recipes for chocolate chip cookies. One day, I thought that adding guacamole would really enchance the flavour. If I don't tell anyone at the company about it, there's no guacamole at the job site that is being considered as an ingredient, and I go home and experiment with guacamole to discover it's the best recipe idea ever, it would be my idea.



              Chocolate chip cookies are not the sole domain of that company, there was nothing at the company which inspired my idea, and the idea could have as easily come to me at home in my own kitchen while baking my own cookies. Companies do not own thoughts that occur while on the premises, if those ideas are not inspired by something on the premises.



              Now if it was someone else's idea to add guacamole to those cookies, and all you did was figure out an amount to add that tasted better, then it is based on information already owned by the company, you would be out in the cold.



              My opinion.






              share|improve this answer
























                up vote
                1
                down vote













                If you are basing it off of something you would not have learned unless it was on that job it would not likely be yours. For a concept to be yours, it must be one you could have thought of without having had any connection to that company or use of its assets.



                If it was something that occurred to you while on the premises but not specifically inspired by something only available to you at THAT job (and you have not contributed it to that job/left any record of your thoughts about it on the job) then in my opinion, it's as if you created it without them. I'm not a lawyer, but here's my logic.



                Example: I am a cookie baker hired to work at a baking company coming up with secret recipes for chocolate chip cookies. One day, I thought that adding guacamole would really enchance the flavour. If I don't tell anyone at the company about it, there's no guacamole at the job site that is being considered as an ingredient, and I go home and experiment with guacamole to discover it's the best recipe idea ever, it would be my idea.



                Chocolate chip cookies are not the sole domain of that company, there was nothing at the company which inspired my idea, and the idea could have as easily come to me at home in my own kitchen while baking my own cookies. Companies do not own thoughts that occur while on the premises, if those ideas are not inspired by something on the premises.



                Now if it was someone else's idea to add guacamole to those cookies, and all you did was figure out an amount to add that tasted better, then it is based on information already owned by the company, you would be out in the cold.



                My opinion.






                share|improve this answer






















                  up vote
                  1
                  down vote










                  up vote
                  1
                  down vote









                  If you are basing it off of something you would not have learned unless it was on that job it would not likely be yours. For a concept to be yours, it must be one you could have thought of without having had any connection to that company or use of its assets.



                  If it was something that occurred to you while on the premises but not specifically inspired by something only available to you at THAT job (and you have not contributed it to that job/left any record of your thoughts about it on the job) then in my opinion, it's as if you created it without them. I'm not a lawyer, but here's my logic.



                  Example: I am a cookie baker hired to work at a baking company coming up with secret recipes for chocolate chip cookies. One day, I thought that adding guacamole would really enchance the flavour. If I don't tell anyone at the company about it, there's no guacamole at the job site that is being considered as an ingredient, and I go home and experiment with guacamole to discover it's the best recipe idea ever, it would be my idea.



                  Chocolate chip cookies are not the sole domain of that company, there was nothing at the company which inspired my idea, and the idea could have as easily come to me at home in my own kitchen while baking my own cookies. Companies do not own thoughts that occur while on the premises, if those ideas are not inspired by something on the premises.



                  Now if it was someone else's idea to add guacamole to those cookies, and all you did was figure out an amount to add that tasted better, then it is based on information already owned by the company, you would be out in the cold.



                  My opinion.






                  share|improve this answer












                  If you are basing it off of something you would not have learned unless it was on that job it would not likely be yours. For a concept to be yours, it must be one you could have thought of without having had any connection to that company or use of its assets.



                  If it was something that occurred to you while on the premises but not specifically inspired by something only available to you at THAT job (and you have not contributed it to that job/left any record of your thoughts about it on the job) then in my opinion, it's as if you created it without them. I'm not a lawyer, but here's my logic.



                  Example: I am a cookie baker hired to work at a baking company coming up with secret recipes for chocolate chip cookies. One day, I thought that adding guacamole would really enchance the flavour. If I don't tell anyone at the company about it, there's no guacamole at the job site that is being considered as an ingredient, and I go home and experiment with guacamole to discover it's the best recipe idea ever, it would be my idea.



                  Chocolate chip cookies are not the sole domain of that company, there was nothing at the company which inspired my idea, and the idea could have as easily come to me at home in my own kitchen while baking my own cookies. Companies do not own thoughts that occur while on the premises, if those ideas are not inspired by something on the premises.



                  Now if it was someone else's idea to add guacamole to those cookies, and all you did was figure out an amount to add that tasted better, then it is based on information already owned by the company, you would be out in the cold.



                  My opinion.







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                  answered May 14 '13 at 15:49









                  terri

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