Does my professor have the right to patent my invention? 3 Answers as of November 03, 2010

I am a grad student, and while working for a professor, I came up an invention. My professor loved it and now wants to patent my invention himself. I know grad students often lose their intellectual property while working under a professor, but since I came up with the invention, it seems like I should be the one to patent it. Am I wrong? How does this work?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Kafantaris Law Group
Kafantaris Law Group | Theo Kafantaris
As the true inventor, you are required to be named on the patent application. Whether or not your professor or the school will retain the rights of the patent is a different story, but you will at least be required to be named as an inventor.
Answer Applies to: California
Replied: 11/3/2010
Devon & Associates
Devon & Associates | Marcia A. Devon
Your professor is not entitled to apply for a patent on your invention, unless you transferred ownership to him in writing [and even if you did, the application must be made in your name as the true inventor]. I recommend that you contact a patent attorney ASAP because your disclosure to the professor may be considered a "public use." You must file your U.S. patent application no later than one year from the date you publicly use, publish or offer the invention for sale (sooner in most foreign countries). If your professor would agree to pay for the cost of the patent application, you could grant him partial ownership or license him to use it in exchange for his investment.
Answer Applies to: California
Replied: 11/2/2010
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Only the real inventor can file for the patent.
Answer Applies to: Oregon
Replied: 11/1/2010
Click to View More Answers: