Invention vs. Works Made for Hire

[Hotwheels]

Jurisdiction

Florida

Currently a few years into employment with a very large company performing a job that I love. For background, I have 20+ years experience in the same industry, so I'm not new to the general functions or needs of the business type itself.

In short, I've developed two ideas/inventions; one of which has the potential to be a game changer for a major sector of the company's business. I came up with these ideas on my own, not at the request of the company, though they do obviously relate to my job, which I have great enthusiasm for.

Recently, we were issued our annual code of conduct, which we all must sign by a certain deadline. Within the manual is the following statement: "Any idea, invention, discovery, development, concept, or process related to our business that you develop by yourself or with others while you work here belongs to (company). If something you develop is later copyrighted, it is called a "work for hire" and (company) is considered the author."

Do I understand correctly that this means my inventions if brought to fruition will belong to the company? Or does work for hire strictly pertain to things requested by the company itself for an employee to design, such as in the case of a graphic designer being paid by the company to create a poster or something of that nature?

 

[adjusterjack]

Do I understand correctly that this means my inventions if brought to fruition will belong to the company?

That's exactly what your employer is saying.

And if you continue to work there after reading that you may be construed as to having agreed to it and it would cost you a fortune once they sued you for a piece of your pie.

Get yourself to an intellectual property attorney right now, before you reveal your inventions to anybody. And I do mean anybody because anybody you tell, except a lawyer, will be called as a witness against you.

The $$ you spend now is potentially a fraction of the $$$$$$$$ you"ll spend defending a lawsuit that you might very well lose.

 

[flyingron]

I agree with AdjusterJack 100%. I've been on both sides of this as an employee and an owner-manager of technology companies. There's not really going to be considered any of "your own time" when working on things related to the company business. If you wanted to pursue that, you'd have best worked it out with the employer in advance. We've done that a few times for employees looking to develop things outside of their jobs (and outside of things they have inside corporate knowledge of).

 

[zddoodah]

Do I understand correctly that this means my inventions if brought to fruition will belong to the company?

No. It means that will be your employer's position if something like this happens. Whether it actually turns out to be the case remains to be seen.

Or does work for hire strictly pertain to things requested by the company itself for an employee to design, such as in the case of a graphic designer being paid by the company to create a poster or something of that nature?

No.

If you want to pursue your idea and don't want your employer claiming ownership, you'd best consult with a local patent attorney before you sign anything.