Question 1

What does a tech company own when I'm hired?

Accepted Answer

Standard: Company owns all code/IP created during work hours, using company resources, or related to company business. This is reasonable and expected. However, overly broad clauses say "we own everything you create, ever." This violates California § 2870 and is disfavored in other states. Get a carve-out for personal projects.

Question 2

Can I work on open source as a tech employee?

Accepted Answer

Likely yes, if your company allows it. Many tech companies (Google, Microsoft, etc.) explicitly allow open source contributions as long as not competitive. However, some companies restrict all outside coding. Clarify this at hiring: "Are open source contributions allowed? Do you want attribution? Can I commit on company time?" Get written policy.

Question 3

What about side projects and personal tools?

Accepted Answer

You own side projects created outside work hours using personal equipment, unrelated to company business. However, if your clause is overly broad, company might argue otherwise. Carve-out language: "Employee owns inventions/code created entirely outside work, on personal equipment, unrelated to company business." This protects you.

Question 4

What if I want to start my own SaaS side business?

Accepted Answer

If unrelated to company business (different market, product, customer base), you likely own it. However, inform your employer — don't hide it. Get explicit written approval: "I'm building a [project] for [market]. This doesn't compete with [company]. Do you approve?" Document their approval. This prevents disputes later.

Question 5

How should I negotiate IP assignment as a tech worker?

Accepted Answer

Ask for explicit carve-out: "Employee retains ownership of code/IP created entirely outside work, on personal equipment, unrelated to company business, including open source contributions." Most tech companies accept this. If they refuse, that's a red flag about their culture.

IP Assignment in Tech Companies: Code Ownership & Side Projects

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