Legal Question in Intellectual Property in California
hello,
I work for a company that re-manufactures a specific brand of machine that has many components.
I re-manufacture some of the components of that machine.I've invented a procedure and test machines that make it possible to re-manufacture some, and others more efficiently. one such component could not be re-manufactured, but now can be, because I invented an effective procedure.
My question is....A- do I have a right to patent this information? and B-will this affect my job standing?
thank you for your time
2 Answers from Attorneys
Yes, you can patent it, and should with the company's help, but it belongs to the company, not you. You got paid to work for the employer. What you did or designed on their time is theirs, unless you have a specific written contract that says something different, OR unless you can now negotiate something like a sharing agreement. Don't count on it.
Probably patentable, but a professional search is part of the pre-application process. If you discuss co-application and ownership with your employer, you'll be better off. A company cannot be an inventor, but it can own the patent rights, and here, probably will.
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