Employee Patent Common Use and Rights

A patent is a legal protection for an idea.  Therefore, if one develops a new invention and files for a patent, others may not copy the invention for a certain period of time. 

Employee Patents Common Use

Patents are frequently used in the following industries:

• Pharmaceutical industry
• Cosmetics industry
• Computer industry
• Chemical manufacturing industry
• Medical equipment industry

Filing a Patent

When a patent is sought, an application must be filed with the U.S. Patent and Trademark Office (USPTO).  The USPTO has many requirements, such as specifications and drawings of the proposed invention, an oath signed by the inventor and fees. Thereafter, a patent examiner in the USPTO reviews the application and there can be hearings and objections.  The process can take many years.

Employee Patents

Usually, the person who actually made the invention is the only person who can file for a parent, even if the person utilized his or her employer’s materials to make the invention during the course of employment.  However, many times a person may have signed a contract of employment which indicated that he or she would assign any rights to a patent to his or her employer as a corporate patent holder or company registered patent.  In such an instance, while the employer receives the rights, the name of the inventor is still on the patent itself.  If there is no agreement, the employee may keep the rights as employee patent rights but give the employer rights to use the invention internally.

Employee Patent Legal Help

If one has developed a job patent, it is a good idea to consult with an Employee patent attorney.  An attorney can evaluate one’s situation and advise one of the legal options one may have.