Company Ownership of Employee Ideas

Posted by michael on Wednesday August 14, 2002 @01:05PM from the 0wned dept.

Anonymous Coward writes "Alcatel USA Inc. filed a lawsuit, and won, in a bid to claim proprietary rights for a software idea of one of its former employees, Evan Brown. Evan signed a invention disclosure agreement with his former employers but what makes this case unusual is that Evan never wrote anything down with regards to his idea, meaning that Alcatel seems to be claiming rights to an idea in his head. Does this mean your thoughts may belong to your company? Maybe...." This story has been kicking around for a few days but this is the first legal analysis I've seen of it. Watch what you sign! J adds: see also recent TR story and our 1999 story.

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Solution: Move to California by adam_megacz · 2002-08-14 13:31 · Score: 4, Informative
California Labor Code, section 2870 states that no matter what you signed, your employer cannot claim ownership of intellectual property which:
- you created entirely on your own time
- you created entirely with your own equiptment
- is not directly related to your employer's business, or demonstrable future business plans (ie ideas currently in development).