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Picture of shiftyvtec
posted
First off, I work in O&G in the Field Service arena. As of last week, I took a position in the engineering side of our business. Please note, it is not my role to invent and develop things for my employer. I simply implement these products in the field and and train those purchasing/operating them.

We develop and sale dozens of products all relating to the Oilfield, but our focus and roots pertain to one aspect of it.

My idea stands to be a huge benefit to safety, logistics, inventory, reliability and speed. This idea is nothing like what we are currently producing and new to the inustry from all accounts. Unfortunately it aligns with the business of my employer.

The owner appears to be very approachable and helpful from all accounts. I would consider proposing the idea to him hoping he would allow me to benefit financially while making them the leader in this specialty (assuming my idea is proven). The problem is that even though the owner might entertain this, he just sold his company to a BIG player in O&G and I am sure the rules have changed.

Keep in mind this is a very specialized product/industry. I cant just go test and try my idea out any old place. This product failing could result in thousands of dollars of down-time, if not six figures depending on failure.

Does anybody have any experience presenting an invention/ idea to their employer as an employee not explicitly tasked with developing products?

To be honest I need to go back and see what forms I have signed that would limit what I can develop outside of work. Ultimately, I feel to move forward would likely require partnering with my employer or a competitor.

Thank you all for the suggestions,
 
Posts: 1568 | Location: Near Austin, TX | Registered: December 12, 2008Reply With QuoteReport This Post
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First, you need to find out what forms and agreements you have signed. It may mean that your idea belongs to the company you work for. Once you solve that dilemma and if you can reap the rewards of your idea. I'd go to the old owner of your company as he cashed out but might enjoy something to keep himself busy (ie your idea.)
 
Posts: 21335 | Registered: June 12, 2005Reply With QuoteReport This Post
Banned/Thief
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Whatever you do, don't share your idea with anyone without your lawyer being present. you need a very good lawyer.
 
Posts: 92 | Location: Ohio | Registered: August 31, 2018Reply With QuoteReport This Post
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quote:
Originally posted by jimmy123x:
First, you need to find out what forms and agreements you have signed. It may mean that your idea belongs to the company you work for. Once you solve that dilemma and if you can reap the rewards of your idea. I'd go to the old owner of your company as he cashed out but might enjoy something to keep himself busy (ie your idea.)


What he said. knowing your what your rights are and your employers expectations from an employment contract dictates what path you can take. I've seen contracts that stipulate anything the employee designs/creates while employed become the sole possession of the employer; you don't want to be in this position.
 
Posts: 132 | Location: PA | Registered: December 13, 2018Reply With QuoteReport This Post
The Unmanned Writer
Picture of LS1 GTO
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quote:
Originally posted by Les007:
quote:
Originally posted by jimmy123x:
First, you need to find out what forms and agreements you have signed. It may mean that your idea belongs to the company you work for. Once you solve that dilemma and if you can reap the rewards of your idea. I'd go to the old owner of your company as he cashed out but might enjoy something to keep himself busy (ie your idea.)



What he said. knowing your what your rights are and your employers expectations from an employment contract dictates what path you can take. I've seen contracts that stipulate anything the employee designs/creates while employed become the sole possession of the employer; you don't want to be in this position.


I second this.

The previous two companies I was with (new aircraft) had a specific form - if you developed an idea while on company time or using knowledge gained while inn company time, the company owns the idea and credits the individual as the author of the idea/ patent/ scientific paper.






Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.



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The definition of the words we used, carry a meaning of their own...



 
Posts: 14039 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
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Picture of shiftyvtec
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I tend to save any signed document with an employer. Looking through them, I can not locate any other than background, driving record/ co-vehicle policy. Without contacting HR, I cannot be sure.

Does anyone know what the costs are these days for patent search & patent?

I have worked up a thorough CAD drawing and description of the invention traits and function.

Thanks for the advice.
 
Posts: 1568 | Location: Near Austin, TX | Registered: December 12, 2008Reply With QuoteReport This Post
His Royal Hiney
Picture of Rey HRH
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quote:
Originally posted by shiftyvtec:
I tend to save any signed document with an employer. Looking through them, I can not locate any other than background, driving record/ co-vehicle policy. Without contacting HR, I cannot be sure.

Does anyone know what the costs are these days for patent search & patent?

I have worked up a thorough CAD drawing and description of the invention traits and function.

Thanks for the advice.


As others have said, be sure that you're able to prove and document you did not use any company time or resources remotely associated with this invention.



"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 19691 | Location: The Free State of Arizona - Ditat Deus | Registered: March 24, 2011Reply With QuoteReport This Post
Quit staring at my wife's Butt
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quote:
Originally posted by shiftyvtec:
I tend to save any signed document with an employer. Looking through them, I can not locate any other than background, driving record/ co-vehicle policy. Without contacting HR, I cannot be sure.

Does anyone know what the costs are these days for patent search & patent?

I have worked up a thorough CAD drawing and description of the invention traits and function.

Thanks for the advice.


Patent will cost you about 30 thousand and it takes quite a while to get done. I don't know about the cost of a patent search. I designed and built a bullet feeder and looked into getting a patent and it's just not worth the expense as it could be copied in china way too easy. Then you have to hire a lawyer to go after them thousands to get it thousands to protect it.


If your invention is really that good I would have the owner sign agreement and pitch it to him
 
Posts: 5602 | Registered: February 09, 2003Reply With QuoteReport This Post
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Picture of shiftyvtec
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I saw your post on the bullet feeder. Nice work.

But 30K for a patent.... Whew. I have always heard, you better have the cash to defend it when someone tried to challenge you with a minor design change. Sounds like the patent is still just the tip of the iceberg in the invention game.
 
Posts: 1568 | Location: Near Austin, TX | Registered: December 12, 2008Reply With QuoteReport This Post
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Picture of wrightd
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My experience has been that anything you do while employed belongs to the employer. It may not be fair but that's basically what most professionals working as regular joes are forced to sign as a condition of employment. Some contract terms are stupidly unfair in the extreme when you read the details, assuming they are even readable without a lawyer to explain them.




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Posts: 8696 | Location: Nowhere the constitution is not honored | Registered: February 01, 2008Reply With QuoteReport This Post
Too soon old,
too late smart
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The McDonald’s franchisee that invented the Big Mac got a plaque and a statue for inventing something that made McDonalds millions of dollars. Get a patents lawyer then look for financing and document every breath you take.
 
Posts: 4757 | Location: Southern Texas | Registered: May 17, 2005Reply With QuoteReport This Post
Coin Sniper
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quote:
Originally posted by wrightd:
My experience has been that anything you do while employed belongs to the employer. It may not be fair but that's basically what most professionals working as regular joes are forced to sign as a condition of employment. Some contract terms are stupidly unfair in the extreme when you read the details, assuming they are even readable without a lawyer to explain them.


That has been my experience as well. We even did a patent evaluation on a few of my ideas.




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Posts: 37991 | Location: Above the snow line in Michigan | Registered: May 21, 2004Reply With QuoteReport This Post
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or get busy dying!
Picture of heathtx
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Now that you are comfortable with the notion that the invention will be yours, If you are close to your former boss, have a 1 on 1 with him about your idea. Do not go into specifics, but tell him enough to get his attention.

He may fund the latent work for say 20% of the profits. Getting him to agree t this is paramount to him getting more info.

Every other meeting should be with a patent attorney present.
 
Posts: 1233 | Location: Rockwall County (God's Country) TX | Registered: February 14, 2007Reply With QuoteReport This Post
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Picture of shiftyvtec
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So a little update...

I have created a working prototype, minus the electrical aspect of it which is out of my knowledge scope. The company I work for makes the ideal component to fill this void.

I spent 3 days machining it from steel and aluminum and it looks and functions very nicely.

I did contact HR and inquired about documents I have signed. I was told as far as IP agreements and employee confidentiality go, usually only salaried employees sign these. I am hourly.

HR sent a screenshot of all documents I have signed and the two mentioned above show to be signed. They also included the PDF docs without my signatures.

I am 95% sure I didn't sign either of the two documents however the screen grab has them checked as if signed. I am thinking of asking HR to produce the signed documents to be sure of my standing and rights.

If its proven that I did not sign these docs. and I present the idea but am told I will not profit if adopted by my employer, what would stop me from going to a competitor with the concept?

Thanks for the help here. I know these are pretty specific questions and the information is limited.
 
Posts: 1568 | Location: Near Austin, TX | Registered: December 12, 2008Reply With QuoteReport This Post
Just because you can,
doesn't mean you should
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I wouldn't tell anyone about this right now.
I would get any documents you have and pay for a consultation with a legitimate lawyer that handles these matters (patents).
Stay away from the patent it on the cheap companies. They make their money on dreamers and will pitch you and encourage you to spend more money with them.
If you didn't sign anything that makes this idea company property, you may want to (with the legitimate lawyers advise and help) pitch your employer to share in the profits by developing this.
As others have mentioned, development, marketing, and protecting your idea can be cost prohibitive to many individuals. having that deep pocketed partner can make all the difference.


___________________________
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Posts: 9534 | Location: NE GA | Registered: August 22, 2002Reply With QuoteReport This Post
Go ahead punk, make my day
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Typically for great rewards, you will need to entertain risk. Be it investing your own time / money / livelihood if its something you really believe in.

If you present to someone who essentially shoulders all of the risk to design build test, expect them to take a commensurate portion of the rewards.

Good luck!
 
Posts: 45798 | Registered: July 12, 2008Reply With QuoteReport This Post
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you need an attorney to guide you on these things
 
Posts: 3529 | Registered: August 19, 2003Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
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quote:
Originally posted by shiftyvtec:
I tend to save any signed document with an employer. Looking through them, I can not locate any other than background, driving record/ co-vehicle policy. Without contacting HR, I cannot be sure.

Does anyone know what the costs are these days for patent search & patent?

I have worked up a thorough CAD drawing and description of the invention traits and function.

Thanks for the advice.


Go consult with an intellectual property lawyer. Really. Before you do anything else.

Stop listening to your internet friends who don't even play lawyers on TV. No one has said anything egregiously wrong in this thread (yet), but it is a complicated subject, fraught with peril. You are getting fragments, and nothing like the whole picture.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53122 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Go ahead punk, make my day
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quote:
Originally posted by jhe888:
quote:
Originally posted by shiftyvtec:
I tend to save any signed document with an employer. Looking through them, I can not locate any other than background, driving record/ co-vehicle policy. Without contacting HR, I cannot be sure.

Does anyone know what the costs are these days for patent search & patent?

I have worked up a thorough CAD drawing and description of the invention traits and function.

Thanks for the advice.


Go consult with an intellectual property lawyer. Really. Before you do anything else.


What he said.

And yes, expect to sink several hundred to several thousand dollars into the initial process to consult with a lawyer, have them investigate, research, etc.

Someone out there may already have a patent on your 'invention' or maybe you did invent a better mousetrap, but it's going to take some of your almighty dollars to figure it all out.

No risk, no reward.
 
Posts: 45798 | Registered: July 12, 2008Reply With QuoteReport This Post
Go ahead punk, make my day
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Remember you can only pick 2

-Cheap
-Fast
-Quality
 
Posts: 45798 | Registered: July 12, 2008Reply With QuoteReport This Post
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