1. How does an employee prevent an employer from claiming rights to an invention developed by the employee?

Answer: If an employment agreement has been signed, then the agreement may control the answer to this question and consultation with an attorney is advised.  Generally, if the invention does not relate to the occupation or the employer’s business and was develop prior to the employment, the invention directly or indirectly relates to the occupation or to inform employer’s business and was completely or partially developed by the employee prior to employment, the employer should be informed of the invention so that ownership or shop right claims to the invention are precluded.  If the invention directly or indirectly relates to the employment or to the employer’s business, then an invention owner conformation agreement should be executed which releases the employers claims to the invention.

1. Do Trade Secret laws protect against reverse engineering or independent discovery?

Answer: No, reverse engineering and independent discovery are acceptable business practices so long as they do not violate someone's patent or copyright

2. How long do Trade Secrets last?

Answer: Indefinitely. So long as the information does not become generally known and provides a competitive advantage.

3. How do you keep confidential information a Trade Secret?

Answer: Identify the Trade Secret; limit access to 'need to know' individuals; and use NDA's.

4. Why use NDA's?

Answer: Non Disclosure Agreements (NDA's) establish that the parties have a confidential relationship and have a legal duty not to use or disclose the information. NDA's help prove that a trade secret was intended to be kept in confidence.