Legal Question in Intellectual Property in California

How can I protect my own app and online presence from the company I am working for making claims to it, under their intellectual rights claims? I planned to develop this app prior to working for them. A patent costs 3400, so I wonder if there is another way.

Asked on 11/13/13, 10:27 am

2 Answers from Attorneys

Frank Natoli Natoli-Lapin, LLC

The outcome here will really depend on the facts and circumstances. First, are you working under any written agreement? If so, this will have to be reviewed. Next, are you an independent contractor or are you a bona fide employee? is the IP that you developed within the scope of your employment? Is there a relationship between the IP you developed and the work you do for the company? Was the work done on your own time, using your own resources and equipment?

You really need to flesh this out with your own lawyer to make a proper determination. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,



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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 11/13/13, 11:01 am

Jim Betinol Withrow and Betinol Law

I would agree with the attorney above. I would echo that it is vitally important that you have your agreement with this future employer reviewed by an attorney with respect to the nature of your work.



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Answered on 11/13/13, 11:07 am

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