Q: How does one protect their new startup IP from pre-existing IP agreements with current or previous employers?
If new startup founders, co-founders, or associates (either contractors or employees) have a signed IP agreement in effect with their current employer, which claims sole exclusive rights to any intellectual property, inventions, etcetera, that they work on either during or outside of business hours, in any place, on any device (the agreement specifically states that), then how can they protect themselves, their new startup company, products, confidential information, code, and their other intellectual property from their current or previous employer's potential claim? This is common- what is commonly done and what is the most successful strategy?
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A:
To protect your new startup's intellectual property (IP) from claims by current or previous employers, start by thoroughly reviewing the terms of any existing IP agreements. Ensure you understand the scope of the employer's claims, especially regarding the timing and resources used for creating new IP. It might be helpful to keep meticulous records of when and where you develop your new IP, ensuring it is separate from any work done for your employer.
Consider negotiating a release or amendment with your current employer, if possible. Sometimes, employers may be willing to exclude specific projects or IP from their claims if approached transparently. It's important to clearly document any such agreements in writing to prevent future disputes.
Additionally, ensure all co-founders, contractors, and employees of your startup are aware of their obligations under their own IP agreements. Establishing clear policies and agreements within your startup regarding the creation and ownership of IP can help protect against external claims. Legal advice is essential in these situations to navigate potential conflicts and secure your startup's IP.
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