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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Presumably you created the patentable "innovation" on the company's time and resources | 113 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Presumably you created the patentable "innovation" on the company's time and resources
Authored by: Anonymous on Tuesday, September 11 2012 @ 11:35 AM EDT
There's a few articles around that should help you.

Here's one which is pretty easy to read and, basically, if it's not a part of your normal duties then it's yours. Normal duties will include those listed in your contract and also any duties that you've taken on during your employment - either through your own initiative or by request.

UK employer files for US Patent on business method (pdf). This one is strange... employee creates a business method - unpatentable in the UK - which the employer then patents in the USA.

Here's another site.

IANAL, but my comment is if you think you've created something:

  • outside of work and it has nothing to do with your duties at work then it's yours.
  • outside of work and it has something to do with your duties work then seek professional legal advice.
  • during work and it has nothing to do with your duties work then seek professional legal advice.
  • during work and it has something to do with your duties, then it's your employers'.

    j

    [ Reply to This | Parent | # ]

  • Presumably you created the patentable "innovation" on the company's time and resources
    Authored by: stegu on Tuesday, September 11 2012 @ 11:40 AM EDT
    As a university researcher in Sweden, I have the
    exact opposite deal: anything I create is my own,
    even if it is done during work hours. The university
    has full rights to *use* anything I create during
    work hours (whatever that is - I mostly don't have
    my bright ideas during regular office hours),
    but my employer has no legal standing to assume
    any ownership or patent rights to any inventions
    I might possibly come up with.

    This is the default only for university employees,
    not for anyone else in government employment or
    in the private enterprise, and it is being debated
    whether it is fair to the universities or not,
    but last time I looked, these were the rules.

    [ Reply to This | Parent | # ]

    I wouldn't like that - not at all
    Authored by: Anonymous on Tuesday, September 11 2012 @ 12:23 PM EDT

    My time is my time - unless the company is going to properly comensate me for my time, anything I do on my time is mine. No one "owns" me!

    I - personally - would never agree to sign such a term without appropriate compensation being spelled out.

    And therein lies part of the power the professional has - if everyone refused to sign such a term, no company would have the engineers to stay in business. The company would be forced to drop the term in order to acquire employees. Such a term only exists because sufficient employees are willing to accept it to make it viable to the company.

    RAS

    [ Reply to This | Parent | # ]

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