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Topic: Have I lost it? (Read 531 times) |
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Postman
Newbie
Posts: 2
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Have I lost it?
« on: Aug 30th, 2007, 2:24pm » |
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I work for a manufacturing and distribution company and have invented a product which I believe has patentable utility. This employer is moderatly interested in the product and has paid for the sample/development to this point, and the bulk of the time to develop has been at nights and weekends off the company clock.
I am clearly the inventor, have no IP contract or employment contract of any type(california business), and may want to take my idea somewhere else. We are doing some test marketing but it has been out in these test locations less than 30 days.
Can I take my idea with me and complete the project elsewhere?
What if I reimbursed them for the R&D?
If I leave, can they continue with the project and patent, without my approval?
I know I need a lawyer but I do not have the resources and need guidance until my financial situation improves. Thank you for any guidance provided.
Postman
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MattB
Full Member
  
Posts: 127
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Re: Have I lost it?
« Reply #1 on: Aug 30th, 2007, 2:46pm » |
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Do you have an employment agreement with your employer?
I would start by looking there to see how much of your intellectual rights you already signed away.
I may be misinformed, but the default rule is that as an inventor, you have rights to your own invention until you've sold/signed them away.
Good luck!
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Matthew L. Bycer
Registered Patent Attorney
http://www.bycer.com
http://www.cvglaw.com
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Postman
Newbie
Posts: 2
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Re: Have I lost it?
« Reply #2 on: Aug 30th, 2007, 3:24pm » |
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No agreement of any sort, employment or IP wise. Just a handshake. The job is to find and push new products through our system. Not to invent.
Postman
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MattB
Full Member
Posts: 127
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Re: Have I lost it?
« Reply #3 on: Aug 30th, 2007, 5:56pm » |
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It sounds as though your relation may be strained if you just up and leave.
Have you discussed this with your employer? When he "paid for the sample" was there any implied or oral agreement that he would own some of the invention? You may be able to just take it and go, barring any CA law to the contrary.
I have a feeling that if you do go ahead and file for a patent, you will be taking a step in the right direction to secure your rights. And if you do agree to share or assign it to your employer, he should reimburse you for your patenting costs (and idea).
I am not too familiar with California law as to works for hire, but given no law, and your sole inventorship, you should be in good shape.
If you are serious about filing for a utility patent, you can send me an email (link at left) and we can arrange a free consultation.
MattB
Registered Patent Agent
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| « Last Edit: Aug 30th, 2007, 6:17pm by MattB » |
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Matthew L. Bycer
Registered Patent Attorney
http://www.bycer.com
http://www.cvglaw.com
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Bill Richards
Full Member
Posts: 758
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Re: Have I lost it?
« Reply #4 on: Aug 30th, 2007, 9:16pm » |
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on Aug 30th, 2007, 5:56pm, MattB wrote:| I am not too familiar with California law as to works for hire, but given no law, and your sole inventorship, you should be in good shape. |
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Matt raises a good point. It's not work for hire, however, it's hired to invent. It's a state law issue and needs to be addressed with an attorney familiar with the subject law in your state. It can be an issue even if there's no written contract or employment agreement.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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