The employer is not a software company. The software and company I built is not within the scope of their core business. My role with the employer was not as a software developer. I used my own resources on my own time. I even received an e-mail from in-house counsel stating that the employment contract that I signed does not apply to my own personal developments as long as I used my own resources, time, and what I built is not within the scope of their business.
I no longer work for them and now want to begin selling and licensing the software. Does my former employer have any claims to my software and company?
Family Law Attorney
Not according to the brief facts outlined above provided all is properly documented. It is probably worth your while to have a confidential consultation with a local attorney as soon as possible to ensure that there aren't any latent issues that might complicate the situation. You can find attorneys here on Avvo. Good luck!
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It would be unwise to try and figure out an answer to such a fact sensitive matter through an online forum. You need to meet with a local attorney who can review your documents and all details. Good luck.
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Intellectual Property Law Attorney
You seem well positioned to obtain a favorable formal opinion from a local intellectual property attorney. Potential investors may want to review such an opinion before contributing resources to your start up.
You are not my client. I am not your attorney. The above comments are not confidential, not "legal advice", and not "legal opinion". I am licensed as a patent attorney and in the State of Connecticut. Retain and consult an appropriately licensed attorney to identify the laws and facts material to your concerns.
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Intellectual Property Law Attorney
If you developed the software on your own time and it did not relate to your employment responsibilities, then you own the software. Nonetheless, your employer may not agree with you regarding the "scope of employment". Further, it is usually foolish to get into disputes with a former employer on a matters such as this---litigation is expensive and probably unnecessary. My strong advice is to retain counsel to negotiate with your former employer on this issue. Chances are you can achieve your objectives through a negotiation resulting in a written agreement resolving any disputes about ownership of the software. Take a conservative approach here---and in the long run you will be better off.
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