HACKER Q&A
📣 inflam52

Is this PIIA clause on future inventions crazy or just me?


My employer has just asked me to sign an updated confidential information and invention assignment agreement and I came across this clause which I haven’t seen before and seemed a bit invasive. I’ve signed several agreements that prevent you from going to competitors for a year or two after leaving but haven’t seen this one yet.

“Future Innovations. I will disclose promptly in writing to Company all Innovations conceived, reduced to practice, created, derived, developed, or made by me during my employment with Company and for three (3) months thereafter, whether or not I believe the Innovations are subject to this Agreement, to permit a determination by Company as to whether or not the Innovations are or should be considered Company Innovations. Company will receive that information in confidence.”

Has anyone else come across something like this? Is this normal? Any ideas on how to handle it?

  👤 seanwilson Accepted Answer ✓
I'd try pushing back on it. Most contracts (including this one) will have an NDA plus a declaration that you aren't making an agreement that will conflict with existing contracts you've signed. Your clause above will then cause a conflict to your next work contract as you'd have to violate the NDA to disclose your "future innovations"?

I'm not a lawyer but the majority of times I've pushed back on a contract clause via a polite email with some common sense about why it's one-sided, unreasonable, or doesn't make sense there's been some fair changes made.

👤 throwawaybutwhy
Ask a lawyer.

As for 'all innovations conceived...', folk tales are replete with such contract clauses. Usually it ends with a firstborn child being part of the bargain [0].

[0] https://tvtropes.org/pmwiki/pmwiki.php/Literature/TheNixInTh...

👤 version_five
Practical answer: sign it and ignore it. If you create an "innovation" that you're going to do something with, quit and wait the three months before making it public.

What specifically are you worried will happen?

I don't like the clause, but I've found usually it's not worth the effort and stress to push back on this kind of thing, unless you have a very specific concern.

👤 hawksprite
It seems it’s just put in place so employers can prevent you from working for a competitor who might be able to utilize such “innovations”. Even if you didn’t sign a non-compete.