4 ms·
PG is right that it's not common. The problem with this provision is that it would require you to divulge the confidential information/trade secrets of third p
by walter 15y ago
PG is right that it's not common. The problem with this provision is that it would require you to divulge the confidential information/trade secrets of third parties (e.g., your new employer, your startup, etc.) after your employment with the Company ends. And in the software industry, 6 months is a long time. The year-long obligation to disclose patent applications is troubling as well, especially since patent applications are treated as non-public/confidential information by the US Patent & Trademark Office until they are either published (which is 18 months after filing), or issued (if they are not published by special request).
It seems to me that this Company has this unusual provision probably because it got burned by a former employee who left the Company, joined a competitor, and filed a patent application for an invention that was conceived while he was at the Company. In such situations, the Company should bring an action to contest the ownership of the patent application rather than asking its employees at the outset to execute an agreement to violate the confidentiality agreement of any future employer.