Q: Will the employer own my unfinished product?
I am looking at accepting employment for software development at a company that has a intellectual property clause. stating "Any invention, discovery, development, concept, idea, process or work related to our Company’s business no matter what form it takes, whether or not it can be patented or copyrighted, even if you only work on it outside the office that you develop alone or with others while you work at Company is referred to as a “Company Invention” and belongs to our Company. As a condition of your employment, you assign to our Company, exclusively, all of your rights, title and interest in any Company Inventions."
I have already started the project more than a year ago, does that mean that the company will own it once it is finished? Is there anything I can do to retain ownership in my product?
A:
Typically if you get paid to do work for somebody else they own the product and all intellectual property attached to it.
If you started the project under them and you were getting paid, most likely they are the owners.
Talk to them and consult with an attorney to understand your rights and options.
Bruce Alexander Minnick agrees with this answer
A: If this is important to you, then you should discuss the specifics with the company before you accept employment and sign any paperwork. Perhaps they will waive their rights in your project. If you start to work for them without an agreement about this prior project, then it could turn into a battle later. Make sure your agreement is in writing, and best to consult with a Florida attorney.
Bruce Alexander Minnick agrees with this answer
A: Nope. The employment agreement that you signed is enforceable. Whether the employer will enforce it is another matter.
A: The only way you could retain ownership of your product would be to negotiate with the company, so that you can add to the clause in the contract the specific exclusion of the project you started prior to your hiring from the intellectual property owned by the company.
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