Employment Ip Agreement: Can My Employer Own Software I Build On My Own Time?
I’m looking for general guidance on a side-project / invention assignment issue.
I work as an Application Security engineer at a fintech company in the U.S. My employment agreement contains a broad intellectual property clause stating that I “hereby assign” certain works and ideas created while employed. The agreement is governed by Florida law.
On my own time, using only my personal laptop, personal accounts, and publicly available information (no employer code, data, confidential information, or resources), I want to build a SaaS product that automates application security vulnerability triage and security exception workflows for enterprise customers.
A few facts:
My employer uses AppSec internally but does not sell AppSec software as a commercial product.
I would not use any employer resources or confidential information.
The idea is based on my general industry knowledge and experience.
If the project gained traction, I would likely leave my job before raising outside capital or scaling the business.
My questions are:
Have any of you dealt with a similar invention assignment clause?
How do courts typically view products that overlap with an employee’s field of work but are built independently on personal time?
Does the fact that the employer uses AppSec internally (rather than selling AppSec products) materially affect the analysis?
If you were in my position, would you build an MVP first and then leave before fundraising, or would you avoid starting until after leaving?
I’m looking for practical experiences and general legal insight, not anyone’s confidential information.
Location: Florida
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