QUESTION
Can I patent or copyright an invention I created for the company where I work? How?
Asked on Aug 06th, 2015 on Patents - Massachusetts
More details to this question:
I created an application that is used only at the location in which I work. The company is now selling my location. Can I patent my application after the sale?
4 ANSWERS
Sorry, but your invention probably belongs to the company since you created it as part of your job and it is used by the company in the regular course of business. Ownership will transfer to whoever buys the business. However, you can always approach the current company and ask if it will transfer rights to the invention back to you, in which case you can copyright or patent it in your own name.
Answered on Aug 07th, 2015 at 9:40 AM
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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A lot will depend on your employment agreement. You should consult with an intellectual property attorney and be sure to bring that agreement.
Answered on Aug 06th, 2015 at 2:42 PM
It is hard to discern just what it is you are interested in patenting. However, there is a 1-year grace period during which you can file an application after an invention has been offered for sale or sold.
Answered on Aug 06th, 2015 at 1:32 PM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Go see an intellectual property attorney - and have all facts ready to discuss. You cannot easily obtain copyright or patent protection without help from an experienced lawyer. Were you hired by your current company to make the application? If so, you may have signed an agreement where your invention is owned by the company. How long ago did you create the application? If more than one year ago - you may be too late to seek patent protection. Copyright protection might still be available - but again the question is who owns the work you did - you or the company?
Answered on Aug 06th, 2015 at 12:42 PM