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Topic: Employer's right to Ownership (Read 3411 times) |
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decahedron
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Posts: 1
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Employer's right to Ownership
« on: Nov 19th, 2007, 8:47pm » |
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If I have invented something on my own time and without the resources of my employer, which was related to the work for which my employer pays me, can my employer claim rights to my invention? What if I can make the case that it is not related to my employment?
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SoCalAttny
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Re: Employer's right to Ownership
« Reply #1 on: Nov 19th, 2007, 11:09pm » |
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If you had never worked for your employer would you have invented it?
What is legal and what is ethical are sometimes different.
Given the scant facts it is hard to say.
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Bill Richards
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Re: Employer's right to Ownership
« Reply #2 on: Dec 6th, 2007, 4:18am » |
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Do you have an employment agreement? If so, does it contain an assignment of IP rights provision? Were you hired to invent? These are all questions that bear upon your issue. Without knowing more, it's impossible to answer in the abstract. Seek legal advice.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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Wiscagent
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Re: Employer's right to Ownership
« Reply #3 on: Dec 6th, 2007, 11:04am » |
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"If I have invented something on my own time and without the resources of my employer, which was related to the work for which my employer pays me, can my employer claim rights to my invention?"
Yes. Of course your employer can CLAIM rights to your invention.
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"What if I can make the case that it is not related to my employment?"
The employer can still CLAIM rights to your invention.
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Decahedron may be interested in likely outcomes if he or she were to do various things with this invention. But that's not what Decahedron asked.
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Richard Tanzer
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Gerald
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Re: Employer's right to Ownership
« Reply #4 on: Dec 30th, 2007, 6:37pm » |
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That's an interesting point of view and subject , I also came up with an idea for a safety feature for a product that my conpany uses.On my own time I'm an hourly employee with the company not a guaranteed forty hour employee?.I don't have a employment contract with the company How would that apply in this case?.
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