Legal Question in Intellectual Property in Illinois

Discovery of business method / patent and employer claim to right

I work for a company that makes widgets. These widgets are used by other companies to provide consumers a service. If I discovered and patented a business process that makes it so companies no longer need to use widget or any other product to provide the same service and this discovery was independent of my employment responsibilities and this process can be licenced to companies to save on the cost of widgets and other similar items, does my employer have a right to this discovery? Is there a test that is used legally to determin relation to job duties? I am inclined to think that it would not be related to my company since it does not rely on their manufacturing or other trade secrets and it can be seen as a reasonable job expectation to develope a process that would put them out of business.

Thoughts?


Asked on 9/29/08, 3:03 pm

1 Answer from Attorneys
James Waller Johnson Law Group

Re: Discovery of business method / patent and employer claim to right

A thorough answer would require reviewing your Employee Handbook and other documents that you signed/received when you became employed. Many tech companies require you to sign an "Assignment of Invention" form when you are hired. Do you recall signing anything like that?

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Answered on 9/30/08, 12:00 pm


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