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I have an Invention ... Now What?
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   Owner of my invention, invented before employment
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   Author  Topic: Owner of my invention, invented before employment  (Read 555 times)
prabhat
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Owner of my invention, invented before employment
« on: Oct 31st, 2007, 3:11am »
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I passed by engineering graduation from a reputed engineering college in India. I had developed a product at that time. Due to lack of money and other resources, I didnt file any patents. After joining a global bank for a good salary, I have enough resources to file a patent now. The patent is applicable to many industries including the bank. SO who is legal owner of my inventions now?
Please advice.
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Wiscagent
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Re: Owner of my invention, invented before employm
« Reply #1 on: Oct 31st, 2007, 4:49pm »
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Please explain why you think that accepting a job might give your employer rights to an invention you made before accepting employment.
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Richard Tanzer
Patent Agent
Isaac
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Re: Owner of my invention, invented before employm
« Reply #2 on: Nov 1st, 2007, 6:45am »
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on Oct 31st, 2007, 4:49pm, Wiscagent wrote:
Please explain why you think that accepting a job might give your employer rights to an invention you made before accepting employment.

 
Just about anything might be in an employment agreement, and we don't know what laws might be applicable in prabhat's situation.
 
But even where the idea might have originated prior to employment and there was no enforceable agreement,  I could easily imagine situations where a simply asserting that the invention was pre-employment might not be enough, and the employee might need some evidence to back up the assertion.
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Isaac
Wiscagent
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Re: Owner of my invention, invented before employm
« Reply #3 on: Nov 1st, 2007, 7:41am »
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Astute comment; thanks Isaac.  If Prabhat can't prove that he (she?) invented the gadget before starting the job, then the employer may consider the invention to have been made when he was already an employee.
 
And regarding Indian employment contract law ... I'll bet that I'm even more ignorant than you!
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Richard Tanzer
Patent Agent
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