Discussion in 'Protecting your designs or inventions' started by johnnvar66, Aug 4, 2009.
Who owns The Ip Or Patent? Is it the Employee Or Employer?
Ithink it depends on your contract?
In all of the firms I've worked in, on the application paper work, you sign over the right to patents. Not to say your name isn't on the patent, but your employer's name is as well. It was patented while you were working for them. Note, this applies if it deals with the same line of work and you utilized the employeers time to generate the work.
In almost all cases of full time employment, the employer will own the IP and the the patent will be assigned to the company. The employee must be listed as the inventor. The company must also pay you for the assignment, could be $1 for "good and fair consideration". Corporations that I have worked for often had patent bonuses and would give you thousands of dollars (1-5) for patents. Some employees form (underground) patent clubs, where employees work together to write as many patents as possible for the bonuses. Ten thousand dollars a year per employee wasn't unusually.
Simple. The employer is paying you for your time. Anything you come up with or produce within the company is therefore forfeited. If you want to own your own ideas, come up with them on your own time outside of the company using your own funds.
i think it would be wise to write a percentage rate into your contract. 3-10% royalties could be a LOT more than 10k dollars..
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