Welcome to the Forum for InventorSpot.com, the most popular invention related website in the world. Read our welcome message.
Moderators: Scrupulous, Roger Brown, citizen
5 posts
• Page 1 of 1
FAQ: Hey, can my employer gank me for my invention??!
by Scrupulous » Tue Oct 23, 2007 10:55 pm
-
Scrupulous - Black Belt
- Posts: 2414
- Joined: Sun Jan 21, 2007 7:32 pm
- Location: United States
Can my employer just take my invention away from me?
by Scrupulous » Tue Oct 23, 2007 11:20 pm
-
Scrupulous - Black Belt
- Posts: 2414
- Joined: Sun Jan 21, 2007 7:32 pm
- Location: United States
In a word...Yes.
If you signed a pre-employment agreement, which requires that you assign all rights for work done by you on the premises (as well as any ideas you develop off-site, which may compete with your employers scope of operations at the time), then you would need to plan on transferring those rights over (assign them) to your employer once the patent process has been initiated.
In all fairness, if you come up with ideas that you otherwise would not have if you weren't being paid by your company, then it should be entitled to them. Think of it as becoming a more valuable asset to the organization.
That doesn't mean let yourself get railroaded by the company. Often, very restrictive legal agreements get nullified once courts or other authorities get a chance to review them.
So, don't fall for stipulations involving "anticipated research" because, in today's aggressive business world of corporate mergers and hostile takeovers, that could mean practically anything. And don't be duped into giving your employer "a chance to review any ideas the employee may develop (especially during a specific period after the employment has been terminated)" I mean, come on. Companies need to embrace an incentive to take care of their workers, particularly the ones who produce good ideas. And, taking effective action to secure IP rights has absolutely nothing to do with employment periods, necessarily.
If you think you know your company well enough to believe that your invention is truly unrelated to their business...then just don't tell them about it. It's that simple. Let them come after you much later on if they need to, with actual proof of where their "anticipated research and direction" really took them.
If you signed a pre-employment agreement, which requires that you assign all rights for work done by you on the premises (as well as any ideas you develop off-site, which may compete with your employers scope of operations at the time), then you would need to plan on transferring those rights over (assign them) to your employer once the patent process has been initiated.
In all fairness, if you come up with ideas that you otherwise would not have if you weren't being paid by your company, then it should be entitled to them. Think of it as becoming a more valuable asset to the organization.
That doesn't mean let yourself get railroaded by the company. Often, very restrictive legal agreements get nullified once courts or other authorities get a chance to review them.
So, don't fall for stipulations involving "anticipated research" because, in today's aggressive business world of corporate mergers and hostile takeovers, that could mean practically anything. And don't be duped into giving your employer "a chance to review any ideas the employee may develop (especially during a specific period after the employment has been terminated)" I mean, come on. Companies need to embrace an incentive to take care of their workers, particularly the ones who produce good ideas. And, taking effective action to secure IP rights has absolutely nothing to do with employment periods, necessarily.
If you think you know your company well enough to believe that your invention is truly unrelated to their business...then just don't tell them about it. It's that simple. Let them come after you much later on if they need to, with actual proof of where their "anticipated research and direction" really took them.
by MattB » Wed Oct 31, 2007 1:59 pm
-
MattB - White Belt
- Posts: 49
- Joined: Wed Oct 31, 2007 1:42 pm
Absent any employment agreement, ideas and inventions will usually default to the inventor.
However, in the case of creative works, those covered by copyright, Scrupulous is on track.
However, in the case of creative works, those covered by copyright, Scrupulous is on track.
Matthew L. Bycer<br /> Registered Patent Attorney<br /> http://www.bycer.com
by key on the kite » Wed Oct 31, 2007 5:21 pm
-
key on the kite - Yellow Belt
- Posts: 82
- Joined: Wed Sep 26, 2007 1:33 pm
1) I wish this FAQ existed a couple months ago 
2) If the employment agreement is broken by not revealing an invention to an employer, then termination of employment is the worst that can happen?
2) If the employment agreement is broken by not revealing an invention to an employer, then termination of employment is the worst that can happen?
Glad to be of assistance
by MattB » Thu Nov 01, 2007 9:25 am
-
MattB - White Belt
- Posts: 49
- Joined: Wed Oct 31, 2007 1:42 pm
Hello key on the kite,
Ha ha ha. Worst that can happen? It truly depends on your situation, but worst case scenario can involve much heavier consequences.
Before you sign an employment agreement assigning all your IP to your employer and later choose to breach, consult someone about your situation. Sometimes unemployment is a good thing that will give you more time to pursue alternatives, sometimes a civil law suit taking you to the cleaners is not such a good thing.
Ha ha ha. Worst that can happen? It truly depends on your situation, but worst case scenario can involve much heavier consequences.
Before you sign an employment agreement assigning all your IP to your employer and later choose to breach, consult someone about your situation. Sometimes unemployment is a good thing that will give you more time to pursue alternatives, sometimes a civil law suit taking you to the cleaners is not such a good thing.
Matthew L. Bycer<br /> Registered Patent Attorney<br /> http://www.bycer.com
5 posts
• Page 1 of 1