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What about the "unless (a) the Invention relates (i) directly to the business of Employer, or (ii) to Employer’s actual or demonstrably anticipated research or
by cmdrfred 10y ago
What about the "unless (a) the Invention relates (i) directly to the business of Employer, or (ii) to Employer’s actual or demonstrably anticipated research or development" caveat to the "on own time" section. That seems to be worded in a way that if I wrote some software for a retail shop they might be able to come after it for example.
- otterley 10y agoThe hypothetical you're presenting is too vague for me to proffer an opinion, and I can't anyway, since I'm not your lawyer. :-) But like I said, it's really about the circumstances and not about the bare language. People work on side projects all the time, even when they are subject to an employment agreement like the one at issue here, and you rarely hear about litigation that results from it. Consider why. Just because you have the right to enforce an agreement doesn't mean you have the obligation to do it. Most of the time, these side projects are just not important or substantial enough to matter. No (former) employer is going to sic costly lawyers after a (former) employee because they wrote something that doesn't present a substantial threat to their business. It's just too expensive, and too distracting.