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Employer's Non-Compete and Employee Patent Rights

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wavecrash71

Junior Member
I signed a non-compete with my employer in the state of Alabama that stares any patents I file during my tenure with my company becomres "work for hire" and they own any rights to the patent. I recently re-located to Florida with my current employer but I was not required to sign a non-compete for that state I moved to.

This patent I would like to file, has nothing to do with the field I am working in, so there is no conflict of interest with work, nor have I used time at work or any of my company's equipment to do research or pursue this patent.

1. Would my non-compete (which gives the rights to my company for any ideas/patents I file) be vaid in Florida if the wording states it was for Alabama?

2. Can I file the patent under a spouse (who has no non-compete) would this be valid?

I do not want to quit my job just to file a patent, but I also dont want my company trying to come back for rights to this down the road.

Thank you!
 


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