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Comment by hn9780470248775 | Hacker News Reader

Another question: How do you develop a side project when your employer insists that it owns all intellectual property you produce?

Edit: As far as I know this is a very standard clause in tech company employment contracts, and is perhaps the legal default even in the absence of such a clause. For example, see "Employed to invent" under http://www.nolo.com/legal-encyclopedia/pre-invention-assignm... .

California is an exception to the above: here employees may retain the rights to IP they create on their own time, not using resources of their employer (including company laptop), and, importantly, not in the same line of business as their employer. In the tech field, the "same line of business" caveat can be killer.

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You have 3 options, I'm neither advocating nor dissuading against either.

1. Renogiate with your employer: but beware, many employers with this clause in it are unlikely to remove it, plus even bringing up the possibility will make an independent thought alarm go off in management/your HR file. I myself do not seriously suggest this strategy. It also makes it almost impossible to then implement strategy 3, as record of the request is itself something that may link your future work back to this company.

2. Quit/find another employer.

3. Lie. Work on your own project somehow, and make sure nothing can concretely link it back to your time working with said company. Do this until you can implement strategy 2.

In which country is he legally able to do so? He shouldn't be able to control everything you do... I've experienced attempts for that, but not all clauses are enforceable.

In the United States, for example.

http://www.nolo.com/legal-encyclopedia/who-owns-patent-right...

This is a very important question - many employers get mad when you have side projects. Tread carefully or at least work on something clearly unrelated to the business of your employer.

Start networking and lining up other prospective jobs.

When you have some strong leads, you approach your employer about renegotiating that part of your employment contract. Don't threaten to quit or hold those leads over your employer's head. Express that some of your colleagues with other companies are explicitly allowed to own all of their projects developed during their own time.

If that fails, follow through on those leads. Don't work on any personal projects until you have officially left your current job.

Work for a friend. In my experience, they can pretty much write their own contract in that situation.

If that isn't an option, at least be head-hunted. Then you can negotiate much of the contract.

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