The Architect NDA

Companies that exist in highly competitive markets and need to protect their intellectual property often resort to very complicated and restrictive non-disclosure agreements (NDAs).  What they are protecting are, in their opinion, trade secrets that would compromise the competitiveness of their industry position if divulged.

Enterprise Architects that are charged with building services using SOA principles are creating a unique architecture that fosters a competitive technology and business advantage for their company.  But is that effort the intellectual property of your employer?  And what knowledge can be gained by an architect that would be considered intellectual property?

Understandably, there are certain trade secrets that can never be divulged...  The code to the missle silos, Google's algorithms or what makes Wendy's fries so damn good.  But can your employer claim that your architecture, or your constructive methodology, is proprietary?

I feel that I always have to point out that I am NOT an architect (although I did stay at a Holiday Inn Express last night so I feel I can try to answer these questions).  I can tell you that an architect that is seeking a new position might find themselves embroiled in a legal battle that, even if somewhat frivolous, can create enough trouble to make your new employer want to walk away.

A typical NDA will protect any and all data, designs, specifications, inventions, discoveries, improvements, processes, methodologies, ideas, know-how, techiques, materials, flow charts, notes, outlines, schematics, trademarks and service marks.  Then there are a number of intellectual property rights that fall under patent law, trademark law, semiconductor chip law, moral rights law, trade secret law, etc.

A protective (or vindictive) employer can certainly throw a large enough wrench into an architect's career to prevent a move to a competitive company.  What protection does the architect have from maintaining some control over their career?  Well the most immediate solution would be to not sign an NDA upon hire or, at a minimum, do not sign it 'as is'.  Always have your own attorney review any documents prior to signing.

Your employer is doing everything they can to protect their rights.  You should do the same.