Legal Question in Intellectual Property in North Carolina

I'm a college student graduating next may with my mechanical engineering degree. I've heard from older students and alumni that the first thing new engineers do is sign Intellectual Property Agreements with their employers at their first "real" engineering job. Some friends report I.P. Agreements that forfeit their "ideas" even after they are no longer employed by these companies. I'm interested in starting my own small business later in my life and I was wondering what phrases in I.P. Agreements I should pay extra attention to when presented with them?


Asked on 8/08/09, 8:53 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

You have a very valid concern. Many IP agreements are overly broad to protect the employer (I know, I write those agreements).

Anything you create while in the scope of employment will be owned by the employer. But, it's debatable whether things you create on your own time or works which you create after employment may be owned by the employer.

What you need to do is seek an IP attorney (one who does business law too) for advice on your specific agreement and plans. The agreement should be negotiable and tailored for you -- if you ask or insist. Please don't go signing something just because 'everyone else does it.'

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Answered on 8/09/09, 8:47 am


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