Ask HN: Is this PIIA clause on future inventions crazy or just me?
8 comments
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.
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.
Thanks for the tip. Yeah that’s exactly what I was concerned about. I’ll definitely try pushing back and see what happens from there.
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...
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...
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.
That’s what I’d like to think too…but why not then say something about competitors or same industry, etc? It’s so wide reaching the way it’s stated.
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.
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.
> I will disclose promptly in writing to Company all Innovations conceived
The Company could argue that if he publicizes an innovation the day after the clause expires, then it is overwhelmingly likely that he 'conceived' of it when the clause was still in effect. They could burden any startup, contractor, or hobby work with an expensive legal bill if they wanted to - and offer to make it go away in exchange for a stake in his new venture.
And if they didn't want to do this - then why include the clause? Not just include - add it after he has already been hired.
The Company could argue that if he publicizes an innovation the day after the clause expires, then it is overwhelmingly likely that he 'conceived' of it when the clause was still in effect. They could burden any startup, contractor, or hobby work with an expensive legal bill if they wanted to - and offer to make it go away in exchange for a stake in his new venture.
And if they didn't want to do this - then why include the clause? Not just include - add it after he has already been hired.
I’m more concerned about if I were to join a new company. How would that work? Would I have to disclose that work for 3 months at a new employer?
“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?