Ask HN: Will IP agreement with holdover period prevent work at startup?
"Invention means any invention or work of authorship, including without limitation any and all ideas, concepts, information, improvements, discoveries, developments, designs, formulae, materials, processes, procedures, techniques, mask works, know-how, artwork, data programs, software, source and object codes, and any other works of authorship or other copyrightable or patentable works. ...
During the period of my employment and for six months thereafter, I will promptly disclose to the Company fully and in writing all Inventions authored, conceived or reduced to practice by me, either alone or with others, including any that might be covered under Section 2870. In addition, during the period of my employment and for one year thereafter, I will promptly disclose to the Company fully and in writing all patent applications filed by me, on my behalf, or in which I am named as an inventor or co-inventor."
Will signing such an agreement make it difficult for me to work for a start-up or any other company for six months after leaving this company? It appears that for 6 months after I leave I would have to report to this company every line of code I write at my new company. Is this sort of request common in the Valley?
Since you're using a throwaway account anyway, would you mind telling us whose agreement this is?
Regarding the identity of the company: I am concerned about embarrassing the company publicly. I can email it to you directly. It is possible that this is not a typical agreement at the company. I would be working in a group where IP is of greater than usual concern.
EDIT: Mailed to you at ycombinator.com with my account name in the body.
It seems to me that this Company has this unusual provision probably because it got burned by a former employee who left the Company, joined a competitor, and filed a patent application for an invention that was conceived while he was at the Company. In such situations, the Company should bring an action to contest the ownership of the patent application rather than asking its employees at the outset to execute an agreement to violate the confidentiality agreement of any future employer.
If you explain to them your concerns, they will probably change the agreement for you. My friend had similar concerns about the company he was applying to, but after they talked about it the company cut the offending part from his agreement. I know my friend would've regretted not taking the job, if he knew what he was missing out on. It's apparently a fun place to work.
Learned about it when I got screwed a few times during college for a couple inventions. At the time I thought the bonus was a fortune (5 figures), but looking back they screwed me royally.
It would be nice if you were to publish the name and embarrass them in public.