Question 1

Does Illinois enforce IP assignment clauses?

Accepted Answer

Generally yes, for work-related inventions. Illinois enforces assignments for inventions "made in the course of employment" or using company resources. However, inventions created entirely outside work (personal time, personal equipment, unrelated to business) may be employee property. Scope matters — overly broad clauses may be unenforceable.

Question 2

Can I have side projects in Illinois?

Accepted Answer

Likely yes, if: (1) created outside work hours, (2) using personal equipment, (3) unrelated to company business. However, get explicit carve-out: "Employee retains ownership of inventions created entirely outside work, unrelated to company business." This clarifies expectations and prevents disputes.

Question 3

How does Illinois trade secret law work?

Accepted Answer

Illinois follows the Uniform Trade Secrets Act (UTSA). Company owns trade secrets created during employment. Trade secret = information deriving value from not being known, subject to reasonable secrecy. You cannot disclose or use trade secrets. However, information NOT meeting trade secret definition is not company property.

Question 4

What if my IP clause is overly broad?

Accepted Answer

Illinois courts disfavor overly restrictive clauses. A clause saying "we own everything you create" may be unenforceable. However, litigation is expensive. Better: negotiate reasonable terms: "Company owns work-related inventions. Employee owns other inventions." Most Illinois companies accept this.

Question 5

How should I negotiate IP assignment?

Accepted Answer

Ask for carve-out: "Exclude inventions created entirely outside work, unrelated to company business." Reference reasonableness limits. Most Illinois companies will negotiate. Get any agreement in writing as an amendment to your contract.

IP Assignment in Illinois: Employee Invention Protection

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