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patents ownership
Posted by Anonymous . updated on 11/1/2010
Hi ,
I have a question on patents ownership ,if you could help me that will be great .If I see your advice fruitful then I will go ahead with the more detail consulting .I also need a letter stating that all my invention will not be challenged by my company
I am on H1B visa and employed with IT service based company in Atlanta GA working on junior manager level as software architect to do software consulting work for their clients not related to any invention work (it general duties which include bsuiness development ,presales ,consultimn etc ) .I am working remotely from home so not using any company/clienst premises .I has signed INVENTION ASSIGNMENT AGREEMENT at the start of my employment with my company (www.cognizant.com). I have some idea on business method based patents which will use software and hardware to create a security based solution for all banks .
Will all my invention fall in my company name or I will have exclusive rights to sell and create the security package
4.2 Employer and Employee agree that "Inventions," is defined in this
Agreement to include any and all new or useful ideas, developments,
discoveries, improvements, designs, formulas, modifications, trademarks,
service marks, trade secrets, and other intellectual property, whether
patentable or not (including without limitation any technology, computer
programs, software, software program code, logic diagrams, flowcharts,
procedural diagrams, computer programming techniques, test, concept, idea,
process, method, composition of matter, formula or technique), and all knowhow
related thereto, which Employee conceives, makes, reduces to practice,
or develops, solely or jointly with others (i) which relate to the actual or
contemplated business, work or activities of the Company, (ii) which result
from or are suggested by any work which Employee has done or may do on
behalf of the Company, or by any information that Employee may receive by
virtue of Employee's employment by the Company, or (iii) which are
developed, tested, improved or investigated either in part or entirely on time
for which Employee was paid by the Company, or with the use of premises,
equipment or property provided, owned, leased, or contracted for by or on
behalf of the Company.
regards
sandeep
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