QUESTION
Hello Long term employee in large corp. found a streamline cost saving concept . How do I proceed to get the most for my Idea?
Asked on Mar 12th, 2012 on Intellectual Property - Maryland
More details to this question:
I have been asked to demostrate the process and was told at min this idea may save100 of thousands of dollars yearly. Being an employee am I limited to potiential intellectual Property patent. Could you refer me.
Thanks
Dedicated Employee with a great Idea.
2 ANSWERS
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Nancy J. Flint Attorney at Law, P.A.
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Rights in inventions and ideas typically belong to the creator/inventor. Whether your employer has a right to own it depends on whether you agreed to assign your rights to them. You may have signed something when you began working, or you may have agreed to abide by an Employee's Manual, which could include an obligation to assign. Even if you did not agree to transfer ownership, if you have allowed your employer to use your invention, the employer has gained a "shop right" and can continue to use it without paying you. Of course, if you don't have an obligation to assign your rights over and you refuse, your employer may be able to take its own action, particularly if you are in a "right to work" state.
Answered on Apr 07th, 2012 at 2:22 PM
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If this cost-saving idea was developed in the course and furtherance of your employment, it belongs to your employer already, and you may have a legal duty to disclose it. Moreover, any patent you obtain would be required to be assigned to your employer. As a general matter, your employer owes you no duty to compensate you for ideas you develop on the job. If your employer voluntarily assumes a duty to compensate you, then you should ask them to put the arrangement in writing.
Answered on Mar 13th, 2012 at 9:36 AM