Legal Question in Intellectual Property in California
better circuit design
I was hired 6 months ago as Rental Manager. I noticed that the heart of the system that I rent was designed by a contracted Electronic Engineer but has problems and was poorly designed. I am also an Electronic Engineer and I can re-design, fixing all the problems and give them a better system. My problem is legal, The Company will pay me for this as a bonus calling it additonal duties and want to own the design. I don't know copyright or patten laws, the design is nothing brilliant but if manufactured and sold there could be money made. They want me to sign a contract that I won't sell it and that they want to own the design. I am willing to use the design for the 6 systems that they rent but would like to restrict them from manufacturing without my involvement in some capacity.
3 Answers from Attorneys
Re: better circuit design
Unless you signed a contract designating that patents belong to the employer,and, there are not Trade Secret issues, then stand fast to youre position. Call me directly at 16192223504.
Re: better circuit design
This is a question that involves employment law, intellectual property law, and contract law. Before you do any improvements, you need to clearly understand if you are an employee or independent contractor. Then you need to see whether patent law can protect your design. Finally, you will need to draft a license or contract whereby you allow your company to use it but they acknowledge that you own all rights in and to your invention. You need a consultation because it will take knowing more about the situation before a legal analysis can be done.
Re: better circuit design
My hunch is that the improvements you propose are not patentable. I would try to find out what and how they compensated the idiots that designed it wrong in the first place, then try to negotiate at least as good a deal.
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