Can i keep my invention while I am working part time for someone ? Who owns the rights ?

Question

As a part time employee I came up with a new innovative idea . I approached my supervisor and he offered me a royalty . Would there be any recourse if I produce this product myself ?

Answer 1

Did you sign an agreement to assign rights to intellectual property as a condition of your employment? If so, and the invention was done on company time then you owe the rights assignation to the company.

If not, and there is evidence that the invention was collaborative (i.e., you were not the sole inventor) then all materially contributing inventors must be listed on the patent.

If this was all done on your own time, and there was no agreement that you signed as a condition of employment, and there was no one else who should by rights be listed as a co-inventor, then you might have a shot.

Patents are not inexpensive to prosecute, but if the invention is worthy, then it could certainly be to your benefit to develop and market the concept.

Consult a patent attorney. Gather all evidence, drawings, conceptual plans, with as much documentation of dates as you can. Don't speak about the idea casually with anybody. At all. Certainly never speak about this with any customers of the company you work for. Do a patent search to make sure that this is unique and not already patented (even if it hasn't seen the light of day as a product). This must remain secret until the patent disclosure is completed - a patent attorney will go through all the details with you.

Answer 2

You need to be more specific. Do not tell us the invention but give us something to work with (an example or something). Is your idea a material thing, or just a concept? something that will be build? Do you work as a "work for hire" creative? Do your boss want to buy or just a license to use? Did you design the invention yourself or you just gave the idea?

Copyright Law, and the patent office got certain criteria that should be met in order to get legal protection. Ideas are not protected, only something created is protected (a code, a design, a blueprint, the object itself). To get a patent, the invention MUST have a practical application.

Copyright Office or Patent Office? that depends on the nature of the creation and its intended use.

Courts are filed with claims of stolen creations, inventions and patents, some are valid but most are people claiming for thing they have not right to claim.

Make sure your invention or idea deserves to be protected, if not then go for the money before they find out that they don't need to pay you.

Just remember "ideas" alone have no legal protection. But again with so little information is hard to give you a more specific answer.

Answer 3

It depends on what sort of paperwork you signed when you were hired. If you signed something refering to "intelectual property" or something that had "non-compete clause" you might be stuck. If you used you employer's materials to create this product or service he or she probably owns it depending on what your state legislature says. Lots of factors, I think you did the honorable thing by approaching your boss about it, too bad it might not have been the smartest thing. Make sure you know what you signed in the beginning and what the laws of your state say. Good luck!

Answer 4

Copyright is automatic to the orginal creator. However, if you are under contract and that contract states that all works produced by you are created under the business name - you don't have any rights to ownership.

I suggest you have a really close look at your contractor.
If you believe this idea is worth a lot of money, I would seek legal advice immediately.

Answer 5

Take the royalty.

It takes years, thousands if not 100,000's of dollars, lawyers, a ton of paperwork and more than full time of your life to deal with inventions.

Answer 6

well him offering you a royalty would imply HE, or the company, owns it, not you. there would be recourse. just try to get to the pantent office first.