Question RE: Rights of employees and their inventions

PVnRT

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Tue Dec-04-07 12:28 PM
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Question RE: Rights of employees and their inventions

I think the legal junkies who are more knowledgeable than me hang here. In regards to employees who invent things, I have a question: If I come up with something that would qualify for a patent that is developed (1) on my own time, (2) at home, (3) with my own resources, (4) not or very tangentially related to work, does the company I work for have any claim to it whatsoever, regardless of any agreements signed at the beginning of employment?

A citation of some sort would be good.

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robinlynne

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Tue Dec-04-07 12:30 PM
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1. What agreement did you sign? That is key. It is not regardless of.

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Jackpine Radical

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Tue Dec-04-07 12:33 PM
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2. I think, unless there is some very sticky, very diabolically written

special agreement they made you sign before beginning employment, the patent rights are yours.

However, I also don't doubt that if there is some sort of agreement with your employer about off-work hours that it is enforceable.

As with most things like this, it all depends on how you (and your attorney) can get a court to see the case. There are few absolutes in civil law.

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