California  |  Intellectual Property

Legal Question

Asked on: 10/10/07, 12:31 pm

Creating my own version/design of software being developed for employer

I am currently employed (full time, professional) by a non-profit organization. I am a programmer, and have been working on a specific software program to support one of their internal processes. It is nearly complete, and in the course of the development, I have learned much about this specific area of the industry. I have additional ideas and believe that with the knowledge I've gained, I can put something together that is quite stunning and can be marketed to other organizations in this industry.

The code, layout, and ''look and feel'' would be completely different. It would also be worked on exclusively outside of work hours and not using work facilities or resources.

However, does the ''knowledge and experience'' that I've gained in working with co-workers here, and in what I've learned about the industry, equate to the resources of my employer? I'm not sure how that would be interpreted.

Do you think that it's ok to work on this program and ultimately try to market it down the line? I would also document the time well.

My employer is not in the software-selling business. Also, I am in California.

Thanks for any advice you might have on this matter.

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