The more likely scenario is that it will constitute a misuse of trade secret either under law or from the contract signed on employment. I am not a lawyer and the law is different in every place but it is likely that such a use would be protected under paw by protections given to professionals to retain expertease gained while practicing their professions. I don't remember how that protection is called.
Also, an architecture is not copyrightable. Maybe patentable. Copyrights protect specific expressions, not a general idea, plan, or architecture. At least not yet thankfully I haven't seen anyone try to argue an unrelated software doing same thing is a derivative work.
The IPA is a new way to do patent assignment that
keeps control in the hands of engineers and designers.
It is a commitment from Twitter to our employees that
patents can only be used for defensive purposes. We will
not use the patents from employees’ inventions in
offensive litigation without their permission. What’s
more, this control flows with the patents, so if we sold
them to others, they could only use them as the inventor
intended.
[1]: https://blog.twitter.com/2012/introducing-the-innovator-s-pa...It's silly and ridiculous but necessary because of the way patents are enforced.
I can promise you that the existence of the patent system did not motivate us to build any of that software, but it certainly motivated us to patent it after the fact, so that someone else couldn't patent it and then sue us for having independently built the same thing.