Re: employee intellectual property rights

Subject: Re: Re: employee intellectual property rights

Comments:
: : I developed a concept for a new business process at home on my own time and have documentation of such. Subsequently I shared the concept with several colleagues at the firm I work for. Through my employer I pursued and filed for a patent. I have not signed any document with my employer regarding IP rights, the concept does not compete with any of the company's current products/services, and the developing such concepts is not part of my job description. Currently the patent is filed under my name and has not been assigned to the company. : : Questions are: : : 1) What rights do I have to keep the patent? It is possible I may terminate my employment with the firm. : : 2) What rights does the company to the patent have considering they have invested some of my time and their money to pay for the patent application? : : 3) If negotiation is appropriate what approaches would you recommmend? : : 4) Can the rights be shared? How so? Percentage of ownership? : : 5) Who would the law firm used in preparation of the patent application represent in event of litigation...the company or me? Should I seek my own attorney from an employee/employer law firm? : : Any input would be appreciated. Keep in mind the patent is pending and may not be granted for some time. It could be worth nothing. : Early Legal Advice I Not Expensive. You are in a question area where reality maay bring problems. It is not clear to me at this moment what your employers rights are. Aside from the law you maaay be under pressure from the employer if you act independant. What is more if the employer claims a right, even if it is invalid, it might cost a fortune to extricate yourself, if you have the money. I don't say it is hopeless. What you need is a simple agreement in writing, if the employer agrees to define mutual right. What has transpired may have invalidated international patent rights. : M. Arthur Auslander : E arly L egal A dvice I s N ot E xpensive : ELAINE's Workshop (sm): : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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Do not disclose any details of any patent idea. See a lawyer.
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