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I want to try selling something I've made but my employer may 'own' it (alien.top)

submitted 11 months ago by crediblezephyre@alien.top to c/entrepreneur@indiehackers.space

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Over the last few months, I've spent a fair amount of time building a tool that I'm reasonably certain I can sell (nothing novel, don't get too excited) and I would really like to try. I know there is a customer base and I know it's useful... because I built it to use myself. But I also plan to use it at work, that's half the reason I built it. In fact, most of the company templates are just mine that I brought with me when I was hired.

While 90% of the time I spent building it was in the evenings, on my 'own' time... perhaps 10% of it was 'company' time where I had free time and spent it building this tool.

I'm 90% certain that my employee contract states any 'inventions' created are owned by the company, which is pretty standard in my industry. So I have a few questions:

Does my employer own this tool? (I know you aren't lawyers, but maybe someone has insight?)
What is the risk of selling it anyway? What happens if I sell it and use it at work?
How do I find a clear path forward (without hiring a lawyer. This is practically hobby-tier, I don't want to take it that far)

Posting from alt account because I'm paranoid and want to retain anonymity JIC

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[–] jungletroll37@alien.top 1 points 11 months ago

If you're in doubt, I'd let your company know and get written confirmation that they allow you to do this on your own time before trying to sell it/use it for your work.

If you just made it and it doesn't directly compete with anything your company is doing, odds are that they won't care. Most companies aren't out to steal your ideas and the general clause about IP is for avoidance of doubt and to deter employees using their knowledge to compete.

If it turns out you're making millions from it and then you ask, they might get petty and claim it, though. With written approval beforehand, you've got your legal precedent in order.

Beware that they may tell you that they'd prefer you not working on a second business simultaneously.