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Author Topic: Provisional Patent Expiration / Ownership  (Read 1643 times)


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Provisional Patent Expiration / Ownership
« on: 05-12-17 at 11:03 am »

A provisional patent application in my name (but assigned to the company I work for) is set to expire soon. No time, money, or resources was spent on developing the idea - it was simply a provisional patent application. If the company lets it lapse, can I go ahead and file for it under my name (possibly with a few modifications/tweaks) and pursue it independently?


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Re: Provisional Patent Expiration / Ownership
« Reply #1 on: 05-12-17 at 02:05 pm »

Depends on the agreement between you and your employer. It's very common for a new employee to sign, as a condition of employment, some sort of agreement covering intellectual property rights. Your agreement might allow you to pursue a patent on an invention which the company chose not to -- or it may prohibit this. Or it might say nothing about the question of you filing your own patent application, while at the same time saying that the company owns the invention -- in which case you'd be wasting your money on an invention you don't own.
The above is not legal advice, and my participation in discussions on this forum does not create an attorney-client relationship.


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