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Contract law question @ imvenrion clause?

11 replies

Swifey40 · 13/12/2021 14:31

The company dh works for has been bought (3 years ago) by a big American corporate. Himself and his colleagues have carried on with their original contracts, some signed over 20 years ago for this time. The new company have now decided that they want to put them all on to new contracts, which is fine, and my husband expected a 'no compete' clause in it, but what they have as well is a clause that says that if an employee were to invent something, anything at all.....it could be a new riding hat, or buckle or bicycle wheel or way to burn plastics cleanly etc etc in their own time at home and out of contracted hours, then this hypothetical in invention would then belong to the large corporate, whether or not it was patentable.
This seems bizarre to me, and we wondered if this was allowed, or in fact normal?
Any help would be appreciated, thanks in advance.

OP posts:
CayrolBaaaskin · 13/12/2021 14:36

It’s usual yes to assign all inventions etc to the employer. Things in his own time not as much but is it likely anyway?

Swifey40 · 13/12/2021 14:45

Yes, it is fairly likely, dh is very intelligent and very practical, ans has lots of hobbies that could lead to something. I appreciate that if he used any work equipment or uses work time, but surely if its at home during weekends and holidays etc then it shouldn't be the company's invention?

OP posts:
Swifey40 · 13/12/2021 14:46

It should say Invention in the title, sorry!!

OP posts:
thinkfast · 13/12/2021 14:50

Can't your DH just ask them to provide an updated contract which stated the IP to any inventions he makes in his own free time and which aren't connected to his employer's business belongs to him? It's a fairly common request.

Swifey40 · 13/12/2021 14:52

That's what we thought of too, but they are thought to no saying no to this request....
There is even talk of them firing everyone if they all refuse to sign, and then hiring them back, but I'm hoping this is just a silly rumour!

OP posts:
MissAmbrosia · 13/12/2021 14:55

It's very standard for Intellectual property to belong to the employer, but if the company e.g. develops software and he invented a new board game or something I think they would struggle to defend this in court. I would make the request as put by Thinkfast above.

BingBongToTheMoon · 13/12/2021 14:57

I’ve read similar on “petty revenge” threads on REDDIT and apparently it’s quite a common clause.
I wouldn’t like that.

MrsTerryPratchett · 13/12/2021 14:57

It's interesting as I've just invented something in my own time, unrelated to work. Sometimes something just pops into your head!

It's pretty unlikely though!

ComtesseDeSpair · 13/12/2021 15:16

If you come up with an invention or creative work whilst employed, but the invention or creative work was not made in the course of your normal duties, then, under UK law, you are the first owner. It doesn’t matter what the invention clause states: if your DH is a software developer who has invents a new type of riding helmet in his garage at home, the clause would not be upheld in court.

IP cases often turn nasty where the invention and the normal duties are closely related (you work in packaging design and come up with an idea for a new egg carton), because it can be very difficult to prove, if your invention is closely related to your normal duties, that you didn’t get the idea whilst carrying out those duties or use your contracted time to further it.

Ringsender2 · 13/12/2021 15:50

I vaguely recall that there was a similar thread a few years back - maybe 3-5? Does anyone else remember? OP you could try an advanced search, but I realise I'm not being very helpful.

As I recall, there was some useful information on it. @ComtesseDeSpair 's post is a good start also.

gogohm · 13/12/2021 15:54

It's actually pretty standard if you have a role that involves potential ip. My exh has it clearly defined in his, he get 25%

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