Legal Question in Intellectual Property in California

This invokes a number of areas to consider. First, you can't protect an idea. Even if what you have was potentially patentable, that patent only covers the HOW not the what. So depending on what they actually ended up with in comparison to what you have will tell us whether that infringes in any way.

Next, the default rule under US law is that any IP created by a bona fide employee and within the scope of their employment becomes the property of the employer by operation of law. Now, if you were hired for some completely unrelated function, or accomplished this while on your own time, using your own resources and equipment, etc., then you may have some good arguments that it never transferred to the employer and assuming this is relevant.

Lastly, some employers have written terms and policies that govern the creation of IP and sometimes this includes pretty much everything even those things done on your own time.

All that said, the only way you can receive any actionable legal advice that you can rely on is to consult IP counsel in private and discuss all this in great detail.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.