Legal Question in Intellectual Property in Illinois
I signed the agreement contract which states that my employer is the owner of my invention (assignee) and I am the inventor on the patent. But can I force my employer to patent my invention if my invention is important? Thanks so much for your assistance.
2 Answers from Attorneys
Facts are not as clear as they need to be. NORMALLY in these situations the company winds up holding the patent as their position would be that they provided you the space, tools, materials and it was your job to come up with something. But there may be more, and without a complete review of your "employment agreement" it would be inappropriate to give you a firm opinion of your potential rights.
Any attorney will say a review of your agreement is necessary. Generally, you can't force your employer to patent something. But the terms and conditions of your agreement must be examined. 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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