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Ownership of invention as an employee of a large corporation.
Anonymous5 views5 answers
I process claims for a large corporation. I have an idea for a service that would benefit all such companies, including mine. The more companies involved, the more everyone would benefit. My only hang up is, when I was hired, I agreed to comply with the Employee Handbook. In the Employee Handbook, it states that all inventions, copyrighted material, trademarks, etc related to my job, conceived during the "scope" of my employment, belong to my employer. Can my employer really own my ideas even tho I was not hired as an inventor or engineer? Is there anything I can do to fight it? Also, does this mean that my unique internet domain name, which I just purchased, also belongs to my employer? Thanks!
This is a very interesting question: Generally speaking, the Employee Handbook, and it sounds like you were provided with a copy, does apply to all employees, unless specifically stated otherwise. You do not provide information regarding whether you signed a specific employment contract, or just the company's general employment application, employment documentation, general work agreement, and so on, when you were hired, along with the acknowledgement of the Employee Handbook. The terms of your specific employment may drive whether or not you have any rights to your idea. Assuming you did not sign a specific employment contract pertaining to your claims work (which could be good or bad, depending on its terms) then the generic Employee Handbook and its "scope of employment" wide net is what you are dealing with.
Even though you say you are not an inventor or Engineer, you are now! Your idea sounds like it is related to what you do for the company - process claims. You say you have an idea "for a service that would benefit all such companies, including [yours]." You've created a unique domain name and purchased (registered) it. There is case law on point whereby ultimately the employer had to pay the employee the price of registration for the domain name, but, yes, the short answer to your question is, without further facts in your favor, you agreed at the outset to exactly what the Employee Handbook states - the Employer owns everything you think of or "conceive" during the scope of your employment, i.e., remotely related to your employment.
The purpose of the wide net in the Handbook is to do exactly what this does in this scenario, it benefits the company when smart people like you, who work for the company, come up with good ideas.
All is not lost; seek counsel (outside and away from your employer) and negotiate with your employer. It wants the benefit of the idea, most likely, and will probably, if the the idea is actually a good one, and worth pursuing, work with you, allowing you some gain, as long as it gains more. It's worth a try. It's all in the presentation and negotiation. Don't think of it as a FIGHT; think of it as a WIN-WIN. All the best to you - persistence pays dividends!
You need an intellectual property attorney to advise you. You are very likely to pay for the consult, and I would highly recommend that you be willing to do so. Do your homework first. Read reviews, here and elsewhere, but don't over emphasize the value of the reviews. Some of the best attorneys seldom get reviews because their clients come from many places and may not know the attorney is listed here. Look at experience, any articles the attorney has written, or significant cases the attorney has had. And Google the attorney as well. Don't think of the consult as an interview to determine if you will work with them. The Consult should be the final step, but also your chance to get the information you need.
Bring your Employee Handbook to the consultation, and any design information you have developed. You may even ask for an opinion letter.
Good Luck!
If your invention is in any area remotely connected with the company business, then the invention belongs to the company period.
If the invention has absolutely nothing to do with company business, then the invention belongs to you.
Anything in between is debatable
Consult an IP attorney before you do anything
Your employee handbook sounds typical of those found in large companies, but even less sophisticated companies. The provisions relating to ownership of inventions within the scope of your employment are generally enforceable.
Though you were not hired as an engineer or inventor, it sounds like what you invented relates to the work you perform. Therefore, your employer may have a basis for ownership of the invention.
As to your domain name, assuming you acquired it with your own funds and did so outside of your working hours, your employer probably does not have an ownership claim.
Michael
www.shimokaji.com
I agree with the previous answers. From a practical perspective, you can negotiate with your company to see if you can get some compensation/recognition for your idea, and also see it implemented. Or, you can quit and then come up with an idea, without saying anything to anyone at the company beforehand. Anything you come up with after ending your employment should not be covered by your employment agreement/employee handbook, though you should check.