Protect your own design 7

[Mechwill]

Is there a clear source where I can refer to for protecting my own design from the company I work for? It sounds kind of strange why I ask this. If I do the design work in the company but nothing has been manufactured yet, will the design still be the company's property? I would like to know my rights before releasing the design to the company and protect myself from someone else in the company stealing the design.

 

[EmmanuelTop]

See this thread - it may help you:

http://www.eng-tips.com/viewthread.cfm?qid=378504

Dejan IVANOVIC
Process Engineer, MSChE

 

[IRstuff]

If the company paid you to do the design, it's theirs, unless you specifically have contractual protection of your own intellectual property.

TTFN
faq731-376

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Of course I can. I can do anything. I can do absolutely anything. I'm an expert!
There is a homework forum hosted by engineering.com:

http://www.engineering.com/AskForum/aff/32.aspx

 

[KENAT]

Even if they didn't explicitly pay you to do the design, if you used work resources or the like then they may still have a claim to ownership.

Posting guidelines faq731-376

http://eng-tips.com/market.cfm?

(probably not aimed specifically at you)
What is Engineering anyway: faq1088-1484​

 

[Mechwill]

@KENAT

What is the definition of "work resources"? If I used the information from ASTM standard from my own purchase, and also the company has a copy as well, will that consider the "work "resources"?

Using internet at work for research purpose, will that consider "work resources"?

 

[FreddyNurk]

If they've supplied equipment, tools, other resources (likely example is if you used the company's Autodesk products to design it) then they will likely have a stake in ownership.

Actual references needed would include your employment contract, your location in the world, company's IP policy regarding such development and similar documentation.

Of course, someone else in the company stealing the design for their own purposes is different to someone else in the company using the design for company purposes.

 

[tstructural]

"Using internet at work for research purpose, will that consider "work resources"?"

I'm not an attorney but a former co-worker of mine used the company computer to do their own work after hours and they lost their case. The company computer, engineering software and internet services were paid by the company which meant that the company owns it.

That being said - FreddyNurk made an excellent point. Your employment contract and the law in your region might make your situation different. My story occurred in the United States - Portland, Oregon.

 

[Ron]

Mechwill....you seem to be trying to split hairs to rationalize your use of your company's resources. When you are there, on their property, using their equipment and being paid by them, you cannot rationalize your own personal research for your personal advantage. It is unethical at the least.

If you want to protect your own ideas and further those ideas, quit the company and work for yourself. Otherwise, give them a day's work for a day's pay and respect their goals as a company without trying to subvert that for your personal gain at their expense.

 

[msquared48]

Time you were paid for, and employees, which you are one, are work resources too. If you were paid for your time while doing this, or used company paid for computer programs or office equipment, then it is rightly their property, not yours. I agree with Ron here.

Mike McCann, PE, SE (WA)

 

[zelgar]

Legally and ethically, if you designed something at work, your employers are the rightful owners of it, even if they never manufacture it. If you think you could make money off of this widget and planning on making it yourself, I would first go to the company and see if they were interested in producing it. If the company wasn't interested, I would request that the company give up their legal rights to it (this would probably require a lawyer and some money from your part). If you could achieve this, you would be both morally and legally covered.

 

[1gibson]

But you will still have to answer the question of why you were spending time at work designing widgets, when your company makes thingamajigs.

 

[TheTick]

https://www.techdirt.com/articles/2...l-vs-bratz-no-ones-getting-paid-lawyers.shtml

 

[Mechwill]

@Ron

Believe me, I wouldn't want to consider to ask anyone online for an opinion if it was not ethical. As unethical as it sounds, I really think it is necessary to be careful about this because it's about professionalism. If I do not know the basic rules of engineering laws, maybe years of works will be worth for nothing. This is why I want to ask questions on this matter before doing anything.

Fortunately, the information I am getting from this forum has explained to me clearly of what I should be doing next. Much appreciated all your inputs.

 

[MacGyverS2000]

Best advice? Talk to a lawyer next... he'll set you straight, and there will be NO concern as to how applicable the advice is.

Dan - Owner

http://www.Hi-TecDesigns.com

 

[SomptingGuy]

If you are working for an employer in the USA, where employment laws are "fire on will". My guess is that they will without even thinking about it.

Steve