I understand what you're saying. But again, it seems strange to me that previously existing code/patents/IP would default to the company if you were directed to include it. It doesn't avoid the pitfall you suggested, it moves it so that it now becomes "think about it every time you are asked to do something at work" instead of "one time while signing a contract"

And the Theranos contract had no such limitations (that I could see) of opting in to using it in the company. Just "we can use any of your patents you had at the time you worked here, thanks".