Can I sell a product?

[Kronkulus]

Hey everyone first post!

I've got a few projects pretty close to "done." I watched Dave's older videos on why not to get a patent, how to choose a price for your product and the difference between doing it yourself vs going with a distributor. I'd at least like to try this out on the side even if it flops completely.

What I'm trying to determine though, is if I'm crossing a legal boundary I don't want to be on the wrong side of. I already work as an engineer for a company, and I signed a confidentiality agreement when I came on to their team. The confidentiality agreement seems pretty all encompassing in terms of what is theirs. It mentions that anything I design that could be useful to the company, whether in my own time or during business hours, is property of the company.

How far do these usually reach? For example, this company uses bench power supplies in their lab (shocker!). They don't sell bench power supplies, but it could be argued that a power supply design would be "useful to the company."

I'll try and get some information from the company I work for itself, but I'm not sure if that would make them raise their eyebrows at continuing to employ me LOL. Thanks for anyone's insight!

[sokoloff]

This would be more in the realm of an Intellectual Property ownership/assignment document than a confidentiality agreement.

You might use those terms to Google for your specific state's laws, which may supersede parts of any document your company has provided, even if you agreed to it.

[Bud]

Just show your design to them and obtain a release in writing if they are not interested? Woz did that at HP with his computer design, the rest is history.

[Kronkulus]

I found some decent information in section 20 of "Intellectual Property Law for Engineers and Scientists" by Howard Rockman. It seems to suggest that I should be able to show the company the product and get a written agreement saying its mine to do with what I please, if they agree that it's of no use to the company. Now to figure out what to show and who to show it to.

[Someone]

.. crap company:
"we have no use/plan for this idea but are worried it might in the future be valuable, so we'll own it and do nothing with it for now...  oh and you get nothing"

[EPAIII]

Companies are in business to make money for THEMSELVES. That is neither good nor bad, just a fact. And that non-compete document sounds like a lot more than that to me. I would tread lightly with them if you need the job.

One suggestion would be that if you are going to approach them with a product idea or invention, try to find one that you may not feel is very valuable or easy to market. In other words, one that you don't mind giving to them. And see how they react to that. Then, if they are OK with that one, somewhat later, like two or three months, try with one that is a little better. See if it is still just as easy to get them to go along. This will give you a toe in the waters to test them.

If you have any difficulties with those initial steps, perhaps consult with a good, local attorney.

[jpanhalt]

I found some decent information in section 20 of "Intellectual Property Law for Engineers and Scientists" by Howard Rockman. It seems to suggest that I should be able to show the company the product and get a written agreement saying its mine to do with what I please, if they agree that it's of no use to the company. Now to figure out what to show and who to show it to.

The "who" is relatively easy.  The obvious person is the next one up the chain.  Presumably, since you have a signed contract, you are not at the bottom and the next person up will know who to contact.  Your contact may want to do that themself or open the door for you to do it.  In any event, it will probably go to the company IP office/lawyers.  I suspect the company will actually want to see the product work so as to differentiate it from just an idea.  I would not be too optimistic.  Confidentiality and non-compete while certainly different share some of the same territory.