Can I patent or copyright an invention I created for the company where I work? How? 5 Answers as of August 07, 2015

I created an application that is used only at the location in which I work. The company is now selling my location. Can I patent my application after the sale?

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Sebby Law Office
Sebby Law Office | Jayne Sebby
Sorry, but your invention probably belongs to the company since you created it as part of your job and it is used by the company in the regular course of business. Ownership will transfer to whoever buys the business. However, you can always approach the current company and ask if it will transfer rights to the invention back to you, in which case you can copyright or patent it in your own name.
Answer Applies to: Nebraska
Replied: 8/7/2015
Webb IP Law Group
Webb IP Law Group | Jason P Webb
A lot will depend on your employment agreement. You should consult with an intellectual property attorney and be sure to bring that agreement.
Answer Applies to: Utah
Replied: 8/6/2015
Microtechnology Law & Analysis | Daniel Flamm
It is hard to discern just what it is you are interested in patenting. However, there is a 1-year grace period during which you can file an application after an invention has been offered for sale or sold.
Answer Applies to: California
Replied: 8/6/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
You should first check if you have an employee agreement regarding inventions you made while at work or for work. Patents must be filed within one-year of first public making, use or sale. A patent is for an invention that does something. A copyright is for an "artistic expression" like a song, picture or book. In either case you need to have an application prepared and filed with the patent or copyright office. I can't tell from your question what is your best option. You might want to contact a local Intellectual property attorney or agent. You may find one that will provide a free or low cost consultation.
Answer Applies to: California
Replied: 8/6/2015
Banner & Witcoff, Ltd. | Ernie Linek
Go see an intellectual property attorney - and have all facts ready to discuss. You cannot easily obtain copyright or patent protection without help from an experienced lawyer. Were you hired by your current company to make the application? If so, you may have signed an agreement where your invention is owned by the company. How long ago did you create the application? If more than one year ago - you may be too late to seek patent protection. Copyright protection might still be available - but again the question is who owns the work you did - you or the company?
Answer Applies to: Massachusetts
Replied: 8/6/2015
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