Legal Question in Intellectual Property in New Jersey

Intellectual property rights of previous employer

Does my previous US based multinational employer have any rights to new product/ technology concepts I conceived of and developed after leaving the company? I left my NJ based position a year ago and am negotiating with a European company to finance the final development of a new product idea in the same field in Germany. Apparently there is a German law that gives previous German employers rights to new inventions made by employees for three years after leaving their employment. My employee agreement with the local site in US does not have a noncompete clause and the severance compensation will expire next month.


Asked on 8/27/01, 12:23 am

1 Answer from Attorneys
Gerald M. Levine Calotta Levine Samuel, LLP

Re: Intellectual property rights of previous employer

Assuming the contract provisions are as you have stated them, and there is no qualifying language in any other collateral document, and the product/technology concept was developed after severance, then you own the new product/technology concept. When you enter into your new relationship, be sure to protect your interests. There is still a question as to whether the product/technology concept is registrable as trademark or patent, or must be protected as trade secret. For a more definitive answer the documents should be reviewed by counsel and some understanding of the product/technology concept communicated to him for analysis. Gml

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Answered on 9/04/01, 8:17 am


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