QUESTION

My wife is starting a new job and I know many employers have their employees sign an agreement for intellectual property.

Asked on Apr 12th, 2012 on Business Law - Indiana
More details to this question:
I am thinking of creating and soliciting a smart phone app that would fall into the healthcare industry that my wife would soon work for. My question is: By her signing the waiver upon her employment, but me solely creating the app without any of their company information. Therefore, am I held in the same regards as her signing the agreement even though my name is not on the document due to possible conflict of interest or "pillowtalk" ? I do not know if spouses are made to also forfeit their rights in such cases. If so, what do you recommend I do to protect my creation from a legal mess other than a patent? What is the best way to document for proof? Video? Thank you,
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Your wife's intellectual property agreement doesn't bind you. If you invent something, document that the invention is yours alone, preferably by showing that you had the idea prior to the commencement of your wife's employment. There are lots of ways of documenting the timing of an invention, but lab notebooks -- dated and signed -- are a frequent and cheap and generally accepted tool.
Answered on Apr 13th, 2012 at 3:37 PM

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