Question 1

Does New York enforce IP assignment clauses?

Accepted Answer

Generally yes, if they're reasonable in scope. New York enforces assignments for inventions "made in the course of the employee's employment" or "made with materials/resources of the employer." However, inventions created outside work (own time, own equipment, unrelated to business) are less likely to be company property. The key is scope — overly broad clauses may be unenforceable.

Question 2

Can I have personal projects if I signed an IP assignment clause?

Accepted Answer

Likely yes, if your projects are: (1) created outside work hours, (2) using personal equipment/resources, (3) unrelated to company business. However, your clause language matters. Get explicit carve-out: "Employee retains ownership of inventions created entirely outside work hours, unrelated to company business." This clarifies expectations and prevents disputes.

Question 3

How does New York trade secret law work?

Accepted Answer

New York follows the Uniform Trade Secrets Act (UTSA). Company owns trade secrets created as part of your job. Trade secret = information that derives value from not being known and is subject to reasonable secrecy measures. You cannot disclose trade secrets to competitors or use them for personal benefit. However, information not meeting trade secret definition is not company property.

Question 4

What if my IP assignment clause is really broad?

Accepted Answer

New York courts disfavor overly restrictive clauses. If a clause says "we own everything you create, ever," courts may narrow it or strike it as unreasonable restraint on trade. However, litigation is expensive. Better: negotiate reasonable language upfront: "Company owns work-related inventions created using company resources. Employee owns other inventions."

Question 5

How should I negotiate IP assignment in New York?

Accepted Answer

Ask for explicit carve-out: "Exclude inventions created entirely outside work hours on personal equipment, unrelated to company business." Most New York companies accept this. If they resist, that's a red flag. You can also propose: "Employee owns inventions unrelated to company business areas." Get any agreement in writing as an amendment to the contract.

IP Assignment in New York: Invention Rights & Limits

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