Intellectual Property Forums - Employer's right to Ownership

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May 23^rd, 2013, 7:09pm

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   Patent/Invention Ownership (Moderators: Forum Admin, JimIvey, JSonnabend)
   Employer's right to Ownership

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Topic: Employer's right to Ownership (Read 1314 times)

Wiscagent
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Posts: 843

Re: Employer's right to Ownership
« Reply #5 on: Dec 31^st, 2007, 4:39am »

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To expand on my earlier post, the point I was making is that even IF an individual has a solid legal argument that the inventor and not the empolyer owns the invention, the (well financed) employer can make things difficult for the typical (i.e. relatively poorly financed) employee-inventor.

Certainly Bill's advice to contact an attorney is sound.

Lower-cost, but perhaps less sound advice, is to (i) discuss the situation with the employer, and (ii) if the employer agrees that the invention is not their property, persuade the employer to sign a document to that effect.

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Richard Tanzer
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biopico
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Posts: 434

Re: Employer's right to Ownership
« Reply #6 on: Dec 31^st, 2007, 10:12am »

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Any attempt to challenge an employer in any shape or form is likely to be adversely effective.

I would wait until you are sure that content (claims) of a patent application(s) is in fact your invention and you are ready to deal with the consequences (employment termination, retaliation, less bonus, etc).

Please be practical.

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