Legal Question in Intellectual Property in India

IP to assign to Company

I work in a software product company dealing with network security domain.While joining, I had to sign on an agreement that says '' you shall assign to the company every right and title of any invention that you make during or as a result of your apponitment relating to the Company's products and methods of manufacture''

Now, I have invented an idea to build an e-commerce enterprise level solution. This is not at all related to company's product and business. And I want to apply for a provisional patent in the US.

So, is it possible for me to make a provisional application while working in the company?


Asked on 4/08/07, 2:43 am

5 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: IP to assign to Company

from the details given by th e restriction imposed as per teh contract is in respect of company products and methods of manufacture and according to you it is not related to company product hence there is no restriction you can go ahead and apply for the patent. But a perusal of your agreement for the exact wording is necessary for deciding it.

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Answered on 4/09/07, 3:40 am
NISHANT KAUSHIK Juris Legam

Re: IP to assign to Company

You are bound by the conditions whin which it is written that ' you shall assign to the company every right and title of any invention that you make during or as a result of your apponitment relating to the Company'.

it already says that.

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Answered on 4/17/08, 6:51 am
NISHANT KAUSHIK Juris Legam

Re: IP to assign to Company

You are bound by the conditions whin which it is written that ' you shall assign to the company every right and title of any invention that you make during or as a result of your apponitment relating to the Company'.

it already says that.

for more information you better contact lawyer & explain in detail.

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Answered on 4/17/08, 6:51 am

Re: IP to assign to Company

since the invention is made by you hence you can apply for patent of the invention.The alleged contract does not restrict your right to apply for patent.

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Answered on 4/08/07, 12:08 pm
Lalit K. Jain, Esq. Law Offices of Lalit K. Jain, Esq.

Re: IP to assign to Company

Your real question is: who will win in a Court of Law when you are sued by your employer seeking an order of assignment? And the correct answer will be controlled by the words used in your employers' contract to help devise a creative way to help you eat the cake and keep it too. If you e-m us a copy of your contract, we can help. Thanks.

LKJESQ

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Answered on 4/08/07, 10:52 pm


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