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| *Ostroff, Fair and Company>>>Law & Legal |
Does he need to talk to a lawyer or what? |
My husband has this fantastic design idea that will save the company he works for thousands of dollars a year. He doesn't want to just go pitch the idea to them because they will use his idea and he'll get nothing out of it. So what should he do to protect his idea, see some kind of lawyer or what? Who should he talk to about this? Any advise? As one poster wrote he shares the idea with his employers and it is there property. I am in agreement witht he last two posters. I would patent the idea. A position I held a couple of years back I came up with a billing solution to be implemented into our intranet system. Sure enough it was used. Saved a bunch of clients from leaving us and everything was smooth sailing thereafter. I'm no longer with the company and I recently heard they are now selling this to the clients. Don't make someone else rich. Many companies pay decent bonuses for someone who does that. However, because he is an employee of that company, technically, and legally, the company would own rights to his idea. If his idea is good, he should quit his job, then sell his plan back to them. However, it is usually best to talk to a lawyer before doing anything. He may even want to talk to his boss about what happens in this situation. I remember working for a university medical center and, at orientation, signing an affidavit that if I were to create/invent something within the workplace that could/would bring monetary wealth, my rights for the item/concept would be turned over to the university regents. You are saying the idea would SAVE the company, not MAKE the company thousands of dollars. I am not sure what you/your husband wants out of this... a cash bonus...a promotion... a raise? How much extra compensation do y'all want for this? What is an attorney going to cost you? I think it would be worth a couple hundreds of dollars to just find out if it is worth it. The above 2 responses are right on. No need for a lawyer, don't waste the money. The idea and all rights will belong to his employer; just how the law works. If the idea is so great, he can quit, form his own company, patent, register or trademark the idea as his own or his own company's property (need a lawyer for these things), and then consult with his previous employer so they reap some of the benefits but the idea remains the property of your husband or of his company. Then your husband can also consult with other companies too and be paid for that. If the idea is that valuable to the previous employer company, they can always buy out his rights to the idea and/or his company. He should meet with a lawyer before quitting and check with others to make sure the idea is a good one. He needs to at least FILE for a patent for the process...THEN pitch the idea. His company can't use it unless they pay him b/c it will be patented under your husband's name. copy right it... For sure! He needs a patent lawyer. He has to obtain a patent on his idea so no one can steal it. |
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