As an employee of a company, you may have come up with an idea or invention that you believe has the potential to be patented. However, you may be wondering if you have the right to patent your invention or if it belongs to your employer. In this blog post, we will discuss the basics of patent law and how it applies to employees and employers.
What is a Patent?
A patent is a legal document that gives the inventor the exclusive right to make, use, and sell the invention for a certain period of time. In exchange for this exclusive right, the inventor must disclose the details of the invention to the public.
Who Owns the Patent?
If you are an employee and you invent something while working for your employer, the default rule is that your employer owns the patent. This is because the invention was made within the scope of your employment and is considered “work for hire.” However, there are some exceptions to this rule.
Exceptions to the Rule
If you can prove that the invention was not related to your job duties and was created on your own time and with your own resources, you may be able to claim ownership of the patent. Additionally, if you can prove that your employer has a policy that allows employees to own their inventions, you may be able to claim ownership.
Protecting Your Rights
If you believe that you have a right to the patent, you should consult with an experienced patent attorney who can help you navigate the legal process. Your attorney can help you gather evidence to support your claim and negotiate with your employer to reach a settlement.
At Winghart Law Group, Inc., we specialize in helping employees navigate the complex world of patent law. Contact us today to learn more about how we can help you protect your intellectual property rights.