Can a company own ideas previous to employment?

[flyingwolf]

What is the name of your state? Ohio. Company is in new York. Contract is governed by Texas law? <--Don't know why.

Here is the part of the contract I am inquiring about.

Inventions.

Any and all inventions, discoveries, developments and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company; and the Contractor hereby assigns all right, title, and interest in the same to the Company. Any and all inventions, discoveries, developments and innovations conceived by the Contractor prior to the term of this Agreement and utilized by [him or her] in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without the Contractor's prior written approval by the Company to a wholly-owned subsidiary of the Company.

(Bolding Mine)

I would be the Contractor in this case.

Can they actually say that any and all inventions or idea you had prior to starting with them would now be considered theirs for an infinite term?

I understand ideas conceived while working with them. But beforehand?
That seems a little ridiculous.

the full text of the contract can be found here.
http://psychicaccess.com/employment/contract.php

Thanks in advance for your help.

 

[djohnson]

Many things are left up to interpretation. I interpret this as saying any ideas you had prior to coming there that you implement or use as part of the job, they have the right to continue to use that idea. If you decide to leave them, you can't say "stop doing everything that was my idea because I thought of it before coming to work here" I take it as a protection to them. If you sign the agreement, then yes, they have the right to hold you to it. Ofcourse that is just my opinion.






and innovations conceived by the Contractor prior to the term of this Agreement and utilized by [him or her] in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration

 

[flyingwolf]

Ok I can see that point.

Of course the contract says nothing about payment for such ideas.

 

[divgradcurl]

Of course the contract says nothing about payment for such ideas.

That's because any such cost is "included" in your fees for the job, or your salary.