Expert: Rene Hasekamp - 5/20/2011

Question
Sir,

I am a deputy engineer in an organization, which i don't want to disclose. I just , after extensive research, realize that I have discovered something. I have tested it theoretically and also on some softwares. Now the problem I am facing is that I haven't tested it practically, since i don't have enough equipments and money. I would request you to kindly suggest me what should I do. If i give this to some company then later they may claim that it is their idea. Kindly help. I shall be highly thankfull to you.

Answer
Hello,

From your question I understand that you believe you invented something as an employee, that is using the facilities and time of your employer.
In that case the law (anyway in the countries I know) is clear: A patent or other Industrial Property right(s) belong to your employer. If you are an engineer, paid - among other things - to improve the processes in your employer's company, the reward for possible inventions is - by law - supposed to be included in your salary.

So, if I understand your question well, there is nothing for you in this matter. If the invention (or whatever) benefits your employer very much, you might claim some extra reward, but you cannot claim the rights on a patent. Your name can be printed in the patent (if it will be granted). That's it.

If you mean that you invented something that has nothing to do with you work, and you also invented it in your own time, using your own means, I can say the following.

You are apparently afraid that a company with whom you want to negotiate about your invention will steal it. The only way to prevent this, is to apply for a patent (or other IP right) BEFORE you start negotiating.In that case you already have a claim to the IP rights and they cannot be stolen from you. In that case you should be certain that your patent application is solid. Consult a good patent attorney in that case.

Regards,
Rene Hasekamp.