Can I file a patent on my mother's name since I work for a company?

1

I am employee of a company and all my work, even it is outside of work, is owned by company. I signed this common agreement while joining.

Now, I have an idea that I want to patent on my own. Since I cannot file in my name (company can claim it is theirs), I want to file with my relative's name. Does this have any complications?

Juneja

Posted 2015-03-11T13:52:55.697

Reputation: 21

Answers

2

In the U.S., the true inventors must be named in a patent application, even if the application is ultimately assigned to a company. Failing to name all the true inventors or naming inventors who did not have an inventive contribution is considered fraud against the Patent Office and can result in invalidation of a patent that might issue from the application. Be sure to consult a patent attorney before moving forward.

Dylan O. Adams

Posted 2015-03-11T13:52:55.697

Reputation: 414

4Not to mention a breach of the employment contract and possible theft of intellectual property against the company. – Robert Cartaino – 2015-03-12T01:06:12.793

Good point. There are lots of other non-patent related issues as well. – Dylan O. Adams – 2015-03-12T01:14:10.050

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Does this have any complications?

yes it does have complications

IMO - you have three options,

  • Instead of doing something surreptitious - check with your company if your idea interests them. Once they confirm that they are not interested in it - you can file while staying employed.
  • If they like your invention IMO - hand it over to them.
  • Quit the company to work on your idea - while working on your idea - take up a part time job.

Abhi

Posted 2015-03-11T13:52:55.697

Reputation: 324