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Work related invention?
Posted by Anonymous . updated on 10/14/2009
I invented a "fixture" at work that is going to be invaluable. They asked me to see if i could think of something that would make the job easier. I went to work on that thought and a few days later had created a fixture type device that everyone can't seem to quit talking about. In fact they are all asking me if i intend to patent the idea. I work for lets say company A, but they sent a group of us to another company to assist them then later return. So this fixture was made during that time. I already had a search performed and there is nothing like my invention. Can i patent this or will my job claim ownership?
Answers (1)
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Sanaa T...
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Hi there,
It would depend on the terms of your employment agreement. In most situations companies incorporate a clause stating that they would have the right over any IP (Intellectual Property) created by any employee in the course of employment and, in return, the employee would be given certain compensation. This is especially true in cases where the employee has been hired for the sole purpose of inventing/writing/designing something, as it seems to be in your case.
In your situation a question might arise as to whether Company A or the company you were sent to work for has the patent rights. Here again it would depend on the terms of employment or contract signed with the company. If you are essentially still in the employment of Company A, even while working for the other company, than Company A will still hold the patent rights. This can be determined by the simple method of checking which company is paying your salary. If Company A is paying your salary, even while you were assisting the other company, then Company A will hold the patent rights.
If, on the other hand, no such clause is present in your employment agreement, then there is nothing stopping you from patenting your invention.
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