Legal Question in Intellectual Property in Illinois

Can you force your employer to patent your invention if your invention is important?


Asked on 6/09/10, 7:25 am

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

If you are an employee in a business, the answer is usually no. However, it depends on whether you have signed an employment agreement that anything that you invent becomes their property and any patent that is granted is assigned to the company.<>

If you did not sign an agreement of this nature, you may still own the idea and you may pursue other channels. I cannot comment any further since I have limited facts to what you have

said. <>

You may wish to seek legal counsel in your area to assist you.

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Answered on 6/09/10, 10:41 am
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say, the answer is generally no. This, of course, is subject to what any applicable employment agreement says about patent issues. Consult with an attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/09/10, 4:17 pm


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