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[Anbalan]

3 years ago I conducted R&D for a company (I call it ABC Ltd., Ontario) as independent consultant (Digoria Microwave, sole proprietorship). I invented a new type of communication device (a waveguide harmonic filter) of better performance. I have conducted research and developed procedures how to design it. The company has paid my in according with a contract agreement. By the contract I agreed not to disclose the technology for 3 years. The company did not want me to patent it also. At the end of work I delivered a report with all research conducted. The report had my personal name and my business name. The idea is actually patentable, but I never have filled a patent because ABC wanted it to be a commercial secret that time.
(to be continued)

[Anbalan]

Later I was hired by another company (I call it RLC Electronics, NY) as permanent employee. My employer is a manufacturer of electronic components and they wanted to gain business with the waveguide filter of my invention. The president of company asked me to present an article in Microwave Product Digest about the technology.

[Anbalan]

I have agreed them publishing a commercial type of article about the technology without disclosure technical and theoretical details ( an advertisement about a potential product). The commercial manager was preparing the article based on my report delivered to ABC 3 years before. Later he gives me a copy already pre-approved by the publisher for my final reviewing.
The article included most part of description of the idea of the device and the theory behind it. I told since they want to publish the article in such detailed matter, I want it to have reference to my name as an author. They agreed. I was very disappointed when I saw the article published under the employer name with no reference to me. I contacted the commercial manager and he said that it was a mistake and they are going to fix it by an acknowledgement in the next issue. They have not done it and they seam do not care about my recognition as they consider it as my personal business. What can do about it? I would very appreciate your advices. Please help me!

[Isaac]

The article included most part of description of the idea of the device and the theory behind it. I told since they want to publish the article in such detailed matter, I want it to have reference to my name as an author.

If you didn't write the paper, then perhaps you are not the author of the paper even if the paper uses information from your report.   The facts concerning how the technology works would not be protectable under copyright, but the particular expression of them in the report would be.  The question would then be whether the paper uses any of your copyrighted protected expression.   Your description of events does not make clear this particular point.

If your question is about for credit for you as the inventor, I don't think your employer is legally bound to tell anyone that you are the inventor.  It is certainly possible and legal to describe a technology without ever mentioning the inventor.  Not every desription of an incandescent bulb needs to mention Edison.

[Anbalan]

Isaac,
thank you for answer.

If you didn't write the paper, then perhaps you are not the author of the paper even if the paper uses information from your report.   The facts concerning how the technology works would not be protectable under copyright, but the particular expression of them in the report would be.  The question would then be whether the paper uses any of your copyrighted protected expression.   Your description of events does not make clear this particular point.

I would say the paper is mathematically identical to the main part of the report. I mean all letters, signs, mathematical expressions, pictures, free spaces and their sequence exactly match a part of the report. The report includes the paper with no modifications. I would show it, but I cannot post links here.

If your question is about for credit for you as the inventor, I don't think your employer is legally bound to tell anyone that you are the inventor.  It is certainly possible and legal to describe a technology without ever mentioning the inventor.  Not every desription of an incandescent bulb needs to mention Edison.

So, can I patent it?