Legal Question in Intellectual Property in Virginia
If a person is in the military and invents a product and also gets patent on the product how much of a legal obligation does the person have to the military with their patent. Does the Patent belong to the military at this point?
1 Answer from Attorneys
Below is a link to an article that answers your question in full detail:
http://bit.ly/i3C6cL
The ownership of the patent will depend on several things, including:
1) did the person create the invention during working hours, with government resources; and
2) is the person in the role of creating inventions for the government (e.g., scientist, researcher).
There are many other points to consider, many are outlined in the above referenced link.
Simply put, the person invented the product on their own time, with their own resources and they are not in the field of creating similar products for the government, the person may be able to retain ownership of the patent rights.
That said, you should speak to a registered patent attorney for a full analysis of your situation as there are many variables that may affect the outcome in your particular situation.
Kind regards,
James Michael Smedley, Esq.
Managing Member
The Sigma Law Group LLC
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