On the right to publish ones own design/IP

Yes, good point. Which is yet another point about why it's not wise to sign language you don't want to sign.

Jon

And that is the wild eyed optimists take on it.

** None of which is one tiny bit relevant to the OP's CMOS circuit idea.

Dickhead.

..... Phil

One can decide to take one point of view, or the other. None of us has any real information about it. Others already gave all the needed cautionary tales, so it's fine to provide another side.

I've been in that place where council was sought, advised that a clause in a contract I'd signed wasn't worth the paper it was written on (I've made mistakes like most folks), and glad for having received that advice.

Jon

You don't even need to *develop* it during your term of employment. Even having the idea during that time is sufficient for your employer to own it.

A recent trend is to require new hires to disclose any existing ideas, so that they can claim that anything else was thought up during your term of employment and thus owned by them.

** You have way overstated the case.

No employer ever owns the private thoughts of an employee.

** No way anyone has to do any such bloody rediculous thing.

Chose your words more carefully - cos the above is total crap.

** Again, you way overstate the case.

No employer ever owns the private thoughts of a employee.

No employee has to reveal their private ideas to an employer.

..... Phil

That's not the way the US courts see it.

Sure, you can always look elsewhere for employment. Or go bust in litigation when your former employer claims ownership on the basis that you thought up the idea while in their employ.

You underestimate the extent to which US law stretches the notion of "work for hire", and the extent to which corporations try to stretch it further.

You could get around the problem of disclosing existing ideas to a prospective employer by depositing a written record with a lawyer or having it notarised. But if you don't, having an employer subsequently claim ownership is a very real risk, as is having that claim upheld if you cannot prove that the idea pre-dates your employment (proving that it post-dates it would be impossible).

** Yawwwnnn.

Piss off you stupid fool.

** Yawwwnnnnnnnnnnnnnnnnnnnnnnnnnnn.

One tiny tip -

you CANNOT prove a mad idea by quoting more of them.

Piss off you stupid fool.

.... Phil

get=20

it.

Yes, they try to write the contracts this way, but, it is not supported by law or court decisions.

so

of

More of the same. If you see that in the contract, strike it out, if they won't stand for it, consider whether you want them confiscating every thought you ever had (or ever will have). Not enforceable in the US (but may be a court fight if they think you can be squeezed).

It's relevant to what I said being correct and what you said being WRONG.

Graham

-- due to the hugely increased level of spam please make the obvious adjustment to my email address

Case Law says you're totally wrong. Do you want a link to that too ?

Plus the Law says " technical drawings/diagrams " without distinguishing between different types of same.

Graham

-- due to the hugely increased level of spam please make the obvious adjustment to my email address

No, like DimBulb, you'd get that wrong too.

Once again, drawing design. Drawings (schematics) can certainly be copyrighted. Designs cannot. Is that simple enough for even a Dumb Donkey?

It most certainly is *NOT*. The employer will lose this one every time it goes to a jury.

Nonsense. You can *always* look elsewhere for employment, just as your employer can *always* look elsewhere for employees. It sorta evens out, that way.

Complete nonsense. That may be what your employer tries to tell you.

...and not necessary. They would have to prove ownership.

I worked for Motorola for ~9 years. When I was hired (1962), there was no NDA or employment contract.

Around 1964-1965 they decided to have everyone sign an employment "agreement".

My boss (Jan Narud) tried to con me that it really wasn't enforceable, "Just sign it".

I refused. Then they tried to scare me with their lawyers. I still refused, stating simply, "So fire me".

I never did sign, and they never did fire me, and I became fast friends with the lawyers who tried to muscle me. One ultimately became my personal patent attorney (now deceased), and the other still does personal legal matters for me ;-)

I ultimately laid myself off in 1970, during a dispute where I refused to lay off any of my staff. Most of my staff quit anyway within two weeks and joined me at Dickson Electronics (thick-film hybrids), the rest joined me within a year.

All but one followed me job-to-job, even when most "jobs" (from 1973 on) were consulting projects... they'd become regular employees... you know the routine, "Jim, Do you know anyone who can...?"

One technician, taught by yours truly at a Phoenix technical "college", and then hired by me into Motorola in 1964, stuck by me for

36 years, until he retired at age 72. He became my technical secretary, documenting every whit of every circuit I ever did... thus the reason for my having to rent a storage facility for all those file cabinets ;-)

...Jim Thompson

--
| James E.Thompson, P.E.                           |    mens     |
| Analog Innovations, Inc.                         |     et      |
| Analog/Mixed-Signal ASIC's and Discrete Systems  |    manus    |
| Phoenix, Arizona  85048    Skype: Contacts Only  |             |
| Voice:(480)460-2350  Fax: Available upon request |  Brass Rat  |
| E-mail Icon at http://www.analog-innovations.com |    1962     |
             
 I love to cook with wine     Sometimes I even put it in the food

o get

r

ven

wn

"Nobody" is right on the money. The recent "Bratz" doll lawsuit is a fine example of too many lawyers.

Yes, but they certainly _think_ they do, or they want to give you the impression that they do.

--
http://www.wescottdesign.com

Your last statement is certainly true. Whether the first is or not is debatable (and irrelevant). For an analogy, see EULAs. A good bluff is often as good as a bite.

The company has the final say in this. But legal departments alway say no, because it's the safest thing to do. You can go over their head to a senior executive. It's often in a company's best interests to publish their work.

DB

It's usually tough to get an exec to overrule their hired slugs and you're deep into a catch-22.