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[Kappa]

I work in the health-care industry. My department was in need of some creative solutions, so I began to take the initiative and I am currently developing a tool which will generate a large amount of revenue for my employer.

It is becoming extremely evident that the platform I am developing is now attached to a very high dollar value and I want to maintain ownership of this platform in the interest of selling it to other providers down the road.

Because I am developing this on my own time, but plan to utilize this for my current employer I'm unsure how to proceed. How can I go about continuing to develop and eventually implement this platform for my employer without giving up ownership of the platform to the employer as well?

[dtpater]

Hi Kappa,
             I recommend you come to an agreement (contract) with your employer that is (fair and reasonable)

My alarm bells are ringing on this one big time, you might be developing it in your own time, but the creative solutions are originally driven from your work (My department was in need of some creative solutions) in work hours, make it so both yourself and employer are winners.

I have seen greed destroy so many Inventors who always want more than their fair share, always look at the big picture and for the long term!
 

[Yak]

You may also want to review any employment agreements you may have signed and determine if there is any language about ownership of IP rights to work related innovations. 

[ManOfManyBadIdeas]

You may also want to review any employment agreements you may have signed and determine if there is any language about ownership of IP rights to work related innovations. 

I am not too sure, but I seem to recall that even without a written agreement
the ownership tends to go to the employer if the generated IP is reasonably
related to job duties. For example, if the job is DBA, then database tools and
application I think would be covered, but something like iPad game apps would
not. Without a contract it's a gray area, meaning that it could go either way.
The poster is saying that his department was in need of creative solutions, so
one thing to pay attention to when reading the employment contract is whether
being creative is considered part of job duties (those are typically better
compensated jobs).

[Kappa]

Thank you all for the information. It's very helpful so far.

To clarify on what I said earlier, what I am doing is NOT posted anywhere in the job responsibilities. There is a job code for every position along with a long paragraph of specific responsibilities pertaining to that job. This information is maintained by Human Resources. They have not re-defined that information in a very long time.

The work I am doing is far beyond my pay grade. It has, however, prompted the department director to look into creating a new job position I would occupy to do specifically what I'm working on, only to do it full time. But for now, nothing has changed.

[dtpater]

Hi Kappa,
             To me this is playing with I.P Fire, and if you keep moving forward without an agreement in place with your employer.

Maybe nothing will happen, but personally I would have this sorted out and in writing signed off by your employer and yourself, it makes smart business sense, otherwise you are kidding yourself, some links below for your reading!

It became part of your job description when (My department was in need of some creative solutions), you excepted the task, so it automatically becomes part of your job (written or not), unless you rejected the task first and then re-negotiate your job criteria and tasks?, before you developed the I.P.




Comments in the below link:

Usually (but not always and not everywhere) your employer owns anything that was done as a direct result of your job description, or, was created because of a direct instruction from your boss.

http://stackoverflow.com/questions/3002749/patents-and-intellectual-property

[Yak]

I also believe there is state laws where even if the employer does not own the resulting efforts of the employee if there is that reasonable relationship to employment activities, including, the job presented the problem which was solved by the innovation, any work owned property was used to design or test the innovation, and similar circumstances; that the employer may retain a royalty free license to use that innovation.