Home > Research Legal Advice > Intellectual Property > I developed software and started a company while employed. Who owns the...
Asked 7 months ago - New York, NY
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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?
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!
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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