Can you transfer intellectual property rights from an employer if they reject the project?

Can you transfer intellectual property rights from an employer if they reject the project?

I am currently pushing a project at work that needs patenting and copyright. It is unclear right now if they are going to accept and continue the project. Per my contract, IP is owned by my employer. Can this be transferred back to me if they choose not to move forward?

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5 Comments

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  1. Anonymous

    Find a good attorney that deals with IP issues. I could speculate, but not having a law degree refuse to do so. If it isn't clear from the wording in your contract it would require an attorney to untangle it anyway.

  2. Anonymous

    You can always ask.

  3. Anonymous

    I work for a company that helps you get copyrights for your IP and we are working to help you get patents later this year. We have an attorney on staff. I am speculating, but if you don’t own your IP, I’m not sure you can do either unless your company gives it back to you in the contract.

  4. Stephanie Ingle

    if they are truly not interested in developing it, you should ask them if they will put that in writing. I would imagine them requiring some legal docs restricting your use of it in competition with them. Because of the cost of legal, you’d probably have to pay (so get your own atty to write a fair agreement). Generally speaking the developed IP is the company’s. But if it is more in the “idea” stage, say it isn’t based on private company data or there is a fatal flaw in the design that needs further work and that the design is not workable without it, I would pursue (after you leave) gathering that data or designing the missing component and patenting the component or the conclusions using non company data. No one can own a conceptual idea - or research conclusions based on publicly available data that leads to some development. Well they could try but you want to patent individual components (or as many of them as possible) that go into the final design. Any component developed when you are not working there can be patented by you. Don’t forget that usually if you are employed by the company, they own it even if you do it in your off hours so long as it is based on company IP. So in pursuing IP, do not do it under the umbrella of your company, try to use publicly available pieces that can’t be patented and then patent the fuck out of every tiny part that you contribute. So don’t patent a car, patent the body design, the type of fiberglass, the method of manufacturing it, the catalytic converter, the special gas cap that is the only one that works with that car, you get the idea.

  5. Stephanie Ingle

    owning ideas is not defensible in court. I had the idea two decades ago to make a dog collar that spat out an English works corresponding to the dogs’ bark… someone else eventually developed that and I’m sure they didn’t get the idea from me!

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