Legal Question in Intellectual Property in Georgia

My husband has created something at work, a tool that will make repairs more efficient. Several people have asked him if he plans to patent this tool and if the doesn't then they will. He works for one company but they sent him to assist another with there repairs. The tool he created would actually assist the company he is helping not the one who pays him. Can he legally patent this item?


Asked on 9/22/09, 9:35 am

1 Answer from Attorneys
Quinn Johnson, Esq. Johnson PC, Attorneys at Law

Yes, your husband may be able to obtain a patent for his new efficient repair tool. Generally, a patent for an invention may be granted to whomever invents or discovers any new and useful improvement to a process or machine.

However, whether your husband will be designated as the owner of the new invention, rather than simply the inventor, may depend on your husband�s employment agreement with his current company.

I recommend that you contact an Intellectual Property Attorney to review the terms of the employment agreement and to file an application for patent registration with the US Patent and Trademark Office to protect your invention.

THE COMMENTS CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL USE ONLY- NOT AS LEGAL OPINION. NO ATTORNEY/CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.

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Answered on 9/28/09, 4:59 pm


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