filing a patent thru your employer.
What do you do , if you "attempt" to file a patent thru your employer and they reject it and they then steal your idea and file it without giving you credit. options?
Nov 2nd, 2016 8:31 pm
Nov 3rd, 2016 10:05 am
Do you have an employment contract with them? Typically, work related intellectual property belongs to them. I'd check that out.
Nov 3rd, 2016 11:21 am
if you developed it under the time you were paid (i.e. during your usual work hours) or developed it using their equipment (i.e company tools, computers, etc)...then you'll lose.
Nov 3rd, 2016 11:47 am
It could be more than that, depending on the employment agreement. If it was related to the employee's job description, it may be the company's property. AFAIK.thelefteyeguy wrote: ↑Nov 3rd, 2016 11:21 amif you developed it under the time you were paid (i.e. during your usual work hours) or developed it using their equipment (i.e company tools, computers, etc)...then you'll lose.
a few episodes of this topic was used on Silicon Valley (HBO).
Nov 3rd, 2016 4:04 pm
Nov 4th, 2016 11:25 am
That's usually the case. The problem is that there's no feasible way to distinguish something that the employee supposedly developed "on their own time" when it's related to their paid employment. Are they going to claim that they never thought about it on company time? Never used company resources in any way? Didn't use the company's proprietary information? Didn't depend on company-provided training? Given the huge potential for lengthy legal disputes in this area, companies normally just make it clear in the employment agreement that anything you develop while employed with them that's related to your job belongs to the company. If you think you have a great idea, you'll have to leave the company to pursue it. But make sure you don't steal any company proprietary information, and check the duration of the post-employment non-compete clause in your employment agreement (usually 2-3 years).