employee & employer issues on patent

[jb2224]

What is the name of your state? CA

What are general issues between an employer and employee if:
1)the employer is a software company that owns a patent on the software.
2)the employee would like to quit and start a company offering similar services.
3)the employee has not come up with a solution yet, but
would like to do so once leaving the job.
4)the employee would solve the problem in a different way the employer has done it.
5)the employee basically feels that it could be done better.
6)the employee has not signed a non-compete document.
7)Is there a waiting time period before the employee could work on the same problem after leaving the job?

Can the employee leave and work on the same problem?

Does the employee knowing a solution to a problem and doing it differently infringe on the employers IP?



thanks for any info

 

[divgradcurl]

In general, CA has strong policies favoring employee mobility -- a company generally cannot keep an employee in CA from working for a competitor or opening their own business, even in the same line of work.

Two things though -- you probably signed a form stating that anything you come up with while working for your current company belongs to your current company, so if you came up with any part of this "solution" while still working for the original company, that rightfully belongs to them. This leads us to the second thing -- you cannot reveal or use "trade secrets" of the former company in your new venture.

"Does the employee knowing a solution to a problem and doing it differently infringe on the employers IP?"

If the employee knows it while working for the company, that knowledge rightfully belongs to the company. It may be tough for the company to priove you came up with it while working for them, but they might try.

Furthermore, if this "new solution" falls under the scope of the patents they already have, they could certainly accuse you of patent infringement.