Legal Question in Intellectual Property in California
Rights to published methodology (without patent)
I developed an innovative bioanalytical methodology using existing instrumentation but customized the instrument configuration and wrote a macro for the automation, while
working as an employee of a biotech co. (Co.X). I asked the company attorney to patent it, but he said he has no time for such things since Co.X's business is pharmaceuticals, not bioanalysis. So I went for publication (with same attorney's approval), and it is now scheduled to be published in a worldwide journal (publisher in the Netherlands) listing author (myself), co-author, and my company. This is going to open up a whole new market for the instrument manufacturer!
I believe anyone can use published information, and can patent a product based on it. I'm interested in collaborating with the manufacturer(in Switzerland) to make a packaged product (a push-button system, no need for customization or writing macro, which is not published). Assuming I no longer work for Co.X, I can re-generate the macro without violating any employment contract. Correct?
Does Co.X still have rights, based on published article? Would the manufacturer need to talk to Co.X first? If such a ''packaged product'' is marketed, do they owe royalty to Co.X and/or publishing authors?
1 Answer from Attorneys
Re: Rights to published methodology (without patent)
It largely depends on what your employment contract with the company stated and whether you developed the macro on work computers or at home on your own time.
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