Can I get a patent for my invention if I am employed by a company?

Whether or not you can get a patent for your invention if you are employed by a company depends on a number of factors, including the terms of your employment agreement and the circumstances under which the invention was made.

Work for hire

Under U.S. patent law, an employer owns the patent rights to any invention made by an employee within the scope of their employment. This is known as the "work for hire" doctrine.

To be considered a work for hire, the invention must have been created:

• By an employee of the company;

• Within the scope of the employee's employment duties;

• Using the company's resources or facilities.

If all of these factors are met, the company will own the patent rights to the invention, even if the employee is the actual inventor.

Employment agreement

Many employment agreements include a provision that specifically assigns all intellectual property rights created by the employee to the employer. This means that even if an invention is not considered a work for hire under patent law, the company may still own the patent rights if the employee has signed an assignment agreement.

Exceptions

There are a few exceptions to the work for hire doctrine and employment agreements that may allow an employee to retain the patent rights to their invention. For example, an employee may retain the patent rights if:

• The invention was made outside of the scope of their employment duties;

• The invention was made using the employee's own personal resources or facilities;

• The invention was made for the employee's own personal use and not for the benefit of the company.

Employees who are specifically hired to invent

If an employee is specifically hired by a company to invent a particular product or process, the company will likely own the patent rights to any inventions that result from that work. This is because the employee is essentially being paid to create intellectual property for the company.

What to do if you are an employee inventor

If you are an employee inventor, it is important to understand the terms of your employment agreement and the company's policies on intellectual property. You should also talk to your employer about your invention and see if there is a way for you to retain the patent rights.

If you are unable to retain the patent rights to your invention, you may still be able to negotiate a financial stake in the invention or a share of the profits from its commercialization.

How to get a patent for your invention if you are an employee

If you are an employee inventor and you have a patentable invention, the first step is to file a patent application with the USPTO. You can do this yourself or you can hire a patent attorney to help you.

If you are filing a patent application yourself, you will need to complete and submit the necessary forms and pay the required fees. You will also need to provide a detailed description of your invention and drawings or other illustrations.

If you hire a patent attorney, they will help you with all aspects of the patent application process, from drafting the application to filing it with the USPTO.

Once your patent application has been filed, the USPTO will review it to determine if it meets the requirements for patentability. If the application is approved, the USPTO will issue you a patent.

Conclusion

Whether or not you can get a patent for your invention if you are employed by a company depends on a number of factors. It is important to understand the terms of your employment agreement and the company's policies on intellectual property. If you are unsure about your rights, you should talk to an attorney.

Understand your rights and options as an employee inventor

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