Legal Question in Intellectual Property in Texas

Exclusive Rights

I am an amatuer (hopefully to be professional) inventor, and have recently been sent a nondisclosure agreement from a potential employer. In the agreement the question is asked ''Do you have exclusive rights to this idea or product?'' I've been informed in the past that you didn't have to have a patent necessarily to have exclusive rights, I'm wondering if this is true.


Asked on 1/18/03, 5:22 pm

3 Answers from Attorneys
Charu Narang

Re: Exclusive Rights

I believe what your potential employer is asking is whether someone helped you invent your invention, meaning, can someone else claim that they are a co-inventor. I'd be happy to discuss any patent related questions you have. Thanks.

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Answered on 1/22/03, 12:01 am
Bruce Burdick Burdick Law Firm

Re: Exclusive Rights

No you do not have to have a patent to have exclusive rights,if you can keep it secret from everyone else. Most inventions can't be kept secret and used commercially. Some can. However, once the invention is disclosed your rights will no longer be exclusive without a patent or patent application (and they are only potentially exclusive with an application).

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Answered on 1/18/03, 11:43 pm
Trang Tran Tran Law Firm L.L.P.

Re: Exclusive Rights

No. However, you may still have exclusive rights to the invention if you show due dilligence in obtaining a patent. Generally, an inventor may still have exclusive rights to the invention after the date of invention without a patent if the delay in obtaining the patent was due to an experimental or developmental phase.

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Answered on 1/20/03, 2:06 pm


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