h***d
发帖数: 53 | 1 Situation:
If Mike is working in area A with a company in US, he comes up with an application of one public information/knowledge/technology (in
area A) in another completely irrelavent area B. This idea was generated during weekends.
Question:
Does this IP belong to the company Mike is working at?
Thanks a lot for your help! |
h***d
发帖数: 53 | |
h***d
发帖数: 53 | 3 What if he worked continuously for 3 different companies (all similar), and
such knowledge/info/tech is so common in area A that a college graduate
might know?
Which company gets better chance? or this will be a mess? |
i****y
发帖数: 5184 | 4 hmmm, if it's common knowledge then the patent will not be issued at the
first place. If there is no patent issued, why do we talk about the
ownership of the patent?
and
【在 h***d 的大作中提到】
: What if he worked continuously for 3 different companies (all similar), and
: such knowledge/info/tech is so common in area A that a college graduate
: might know?
: Which company gets better chance? or this will be a mess?
|
f*********d
发帖数: 35 | 5 Please.
What IP rights are we talking about? Patent? Copyrights? Trademark? Trade
secrets? Each category has vastly different applicable laws regarding
ownership and assignability in the absence of any explicit agreements between you and
your employer.
Which state are you in? Mind you, trademarks and trade secrets are governed
by state law.
What does your non-disclosure agreement with your employer say? Assignment
agreement? Non-compete agreement? Their enforceability varies in different
s |
h***d
发帖数: 53 | 6 Thank you so much. Great questions.
This is only about patent disclosures.
1. If a diagnostic tool and method used to detect A is well known, Mike
integrates this tool into a specific/physical part in B, creating a physical
design and feature C for B (disruptive?) and then he conceives some funtion
D similar to detecting A based on C. Can C and/or D be patentable?
2. Mike has Non-compete and works on new methods (software or algorithms in
stead of hardware) to detect A in CA, and Mike switch |
f**********h
发帖数: 38 | 7 Please start with the specific language of the three employment contracts
and all relevant agreements. |
g**c
发帖数: 12 | 8 pls check ur mailbox. thx.
【在 f**********h 的大作中提到】
: Please start with the specific language of the three employment contracts
: and all relevant agreements.
|
h***d
发帖数: 53 | 9 Thanks for all your tips! |
