What can I do if my employer wants to patent my idea?
I have gotten all the way to the Prov.Patent and a Non Disc. from a company who wants my invention. Now I am going to need a Lawyer and I don't have very much money. I am 51 years old and disabled so I am on a fixed income. Do you have any suggestions for me? If you do I would be so Grateful.
Answered By: Intellectual Property Center, LLC
This is a touchy issue, without an agreement to the contrary or some other legal theory, the inventor owns the rights to his patent. Except the employer may be able to obtain a shop right to the patented invention. In addition, depending on a number of specifics of your situation, your employer may be able to claim you were hired to invent, and the invention belongs to them. These issues are all fact intensive and will depend on the specifics of your situation. I would suggest contacting an attorney to discuss your situation.
Answer Applies to: Kansas
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Kansas
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Fears & Nachawati
If you have someone that wants to purchase your provisional patent it will be up to you to name your price. If you decide to go through with selling your patent, you must make sure that there is a contract providing for you to get royalties from this product. Meaning, every time the Buyer makes money, you make money also. I highly suggest that you have an attorney review any contracts you sign. If you are not able to pay for a patent attorney, then there are legal aid services in your local area that will get you in touch with one for either free or a reduced rate if you qualify.
Answer Applies to: Texas
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mark S. Hubert PC
Sounds like all you need is for an attorney to draft an assignment or a license for you. Has this company committed to buying your rights? If so then they should have their attorney draft the agreement at no cost to you. However if you are looking for a patent attorney to write you a full utility patent for free - good luck! I would suggest looking for investors.
Answer Applies to: Oregon
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Oregon
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: DANIEL NESBITT
It is unclear what your question is - is your employer claiming ownership of your invention and wants to patent it, or is there some company that has signed a non-disclosure agreement? As for the question of how to pay for the invention, understanding that your invention may have economic value, you might explore with a patent attorney some other basis for paying for the patent attorney's services other than an hourly rate, including a fixed fee.
Answer Applies to: Ohio
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Barton Barton & Plotkin
I would need many more details before advising you. However, in general your employer is entitled to own and patent any invention that you develop during the course of your employment. You definitely need to consult with counsel on this matter. Fixed income or not if you want to pursue this you need to retain counsel. But certainly your employer has the upper hand in this situation.
Answer Applies to: New York
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 8/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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