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Author Topic: Provisional Patent Expiration / Ownership  (Read 688 times)

SaulGoodman

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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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still_learnin

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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.
 
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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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