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Rights to published methodology (without patent)
Posted by . updated on 11/25/2004
I developed an innovative bioanalytical methodology using existing instrumentation but customized the instrument configuration and wrote a macro for the automation, while working as an employee of a biotech co. (Co.X). I asked the company attorney to patent it, but he said he has no time for such things since Co.X's business is pharmaceuticals, not bioanalysis. So I went for publication (with same attorney's approval), and it is now scheduled to be published in a worldwide journal (publisher in the Netherlands) listing author (myself), co-author, and my company. This is going to open up a whole new market for the instrument manufacturer! I believe anyone can use published information, and can patent a product based on it. I'm interested in collaborating with the manufacturer(in Switzerland) to make a packaged product (a push-button system, no need for customization or writing macro, which is not published). Assuming I no longer work for Co.X, I can re-generate the macro without violating any employment contract. Correct? Does Co.X still have rights, based on published article? Would the manufacturer need to talk to Co.X first? If such a ''packaged product'' is marketed, do they owe royalty to Co.X and/or publishing authors?
Answers (1)
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D. Floum
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It largely depends on what your employment contract with the company stated and whether you developed the macro on work computers or at home on your own time.
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