Legal Question in Intellectual Property in Washington

Does my employer own the rights to my invention?

I invented a hardware device to increase efficiency and customer service at a restaraunt I deliver for. I plan to sell it to my franchise first to use as a selling point when I try to sell it to the corporate franchiser in hopes of them buying it for every store with their name on it.

The restaraunt is one of fifteen franchise stores owned by one company. I did not sign anything at the time of employment that said anything along the lines of a company retaining rights to anything developed in their store. I had a few people warn me that even though I didn't sign anything they may still have rights to it. I am worried that if this is true they might take the idea and sell it to corporate. Do I have anything to be worried about? Thanks,

-- Jeff


Asked on 9/18/03, 6:29 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Does my employer own the rights to my invention?

The issue is whether the act of invention was within the scope of your employment duties; if you spent time at home tinkering in your garage or some such, and your job description does not include technological innovation/development, then the employer's claim to ownership would be weak; on the other hand, if you developed your innovation on company time and the process is closely related to your job duties, then the employer likely owns the innovation.

Best wishes,

LDWG

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Answered on 9/19/03, 8:27 am


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