Re: Patentable personal work during research contract with an employer

Subject: Re: Re: Patentable personal work during research contract with an employer

Comments:
: : History: I have a research contract with an employer. In the middle of this employment I sought permission for research in certain area. My employer granted the permission. The work lead to an idea for a patentable entity, and I developed the idea to certain degree proving its worth and realizability. This was reported informally to the employer. However, before I could do further work on developing a functional prototype, and initiate other documentation for getting patent, my employer changed my assignments. : : Currently: in parallel with my contractual assignments, I am doing required work for the patent on my own, in my spare time. : : Questions: Can I submit a preliminary application for a priority date for the patent? I intend to fulfill rest of the requirements for getting patent, after few weeks of ending my present contract. Can my employer have any claim against me? : Dear Xang Hu, : Of cource you can but, there are miles to go before you can rest. Do you have an employmeny cotract? Do you know about Shop rights. Is the employer likely to resent what you are doing. Just filing an application my give away the farm without getting the protection that you need. That is why we have the Reality Check®. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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