Do you want to save yourself $10,000? That is about how much you will be paying those "invention assistance companies" you see on TV. Be very careful when dealing with them and the promises they make. I have read a number of agreements offered by these companies to inventors and all of them have many terms that are not in favor of the inventor. Yet every year many inventors will hand over thousands of their hard earned money to these "invention assistance companies" and get very little as a result. So what should you be looking for when you approach one of these companies? I would say body armor, but seriously here are some pointers:
Because of the number of inventors being taken by invention assistance companies the US government has written 35 USC 297 to protect inventors. 35 USC 297 is nice but it is best to talk with an attorney first before signing the agreement. 35 USC 297 allows you to ask the invention promoter the following:
Finally an attorney has certain ethical duties owed to their inventors. An invention promotion company owes no such ethical duties. An attorney who breaches their ethical duties to a client may lose their license to practice law in their state and to represent inventors before the patent office. Those licenses are very hard to get and represents years of hard work in school.
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Basically a business may hire two types of individuals. These two types of individuals are employees and independent contractors. If you hire an employee here in California, the law favors the employer being the owner of any intellectual property created by the employee, even intellectual property created by the employee while "off the clock" as long as it is related to the work the employee is performing for their employer. However if an employee signs an intellectual property agreement with their employer then the intellectual property agreement will prevail. If you are an engineer or computer programmer, in most cases, when hired you were asked to sign an agreement whereby you agree to release to your employer all intellectual property that was created during the period of your employment. Refusing the sign the agreement will likely not grant you any intellectual property rights as by law you are required to turn over your intellectual property to your employer. However, if you sign an intellectual property agreement that states you may keep any intellectual property you develop during the period of your employment then the agreement will prevail against the law and you will retain your rights to IP that you create. This situation is, for the most part, reversed when it comes to independent contractors. Unless the independent contractors signs an agreement to turn over any intellectual property that is created in the course of working for the company the independent contractors retains all rights to the created intellectual property. There are exceptions to these general rules and you should talk with an attorney to get an answer for your specific case but what sets an independent contractor apart from an employee? The Internal Revenue Service (IRS) states that "The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done." Here the word "payer" is the company that is paying the individual doing the work. The IRS also provides the following details:
You may get more information from the IRS about independent contractors by clicking here.
If you have hired someone that fits the IRS rules for an independent contractor then very likely that individual is an independent contractor and they will generally own any intellectual property that they create unless they sign an agreement giving you rights to their intellectual property. So be careful and when in doubt have your new person sign an intellectual property agreement to transfer those rights to you. If you need help contact me and I can draft that agreement for you. If you have hired someone that fits the IRS rules for an independent contractor then very likely that individual is an independent contractor and they will generally own any intellectual property that they create unless they sign an agreement giving you rights to their intellectual property. So be careful and when in doubt have your new person sign an intellectual property agreement to transfer those rights to you. If you need help contact me and I can draft that agreement for you. Let me introduce you to Edith Clarke. Born in a family of eight children in 1883 she was the first woman to graduate from MIT's Electrical Engineering department, first woman to be employed as an Electrical Engineer at General Electric, and the first woman to give a technical presentation at a conference sponsored by the IEEE. Her field of expertise was the transmission of electrical power over cables and has to her name a patent for a calculator to help in the design of power lines. See her patent by clicking here or click the USPTO video below to see her story. 'Inventors' is a series of portrait videos chronicling the work of contemporary inventors from all walks of life. In this video Ralph Baer, the father of video games, talks about those early days of video game history and why now, at 90 years old, he's still inventing. To see his patent click here. |
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