Time for a company to decide to claim employee IP

[Ericseewald]

North Carolina:

Dear IP professionals,

I have a question about NC IP Law. I came up with an invention in NC. After I had reduced the idea to practice and had shown that it works, it took about 6 months for the company I was working for (after my hard convincing) that they should patent the idea. Now, about 2 years after reduction to practice, a patent has not yet been written and time is still slipping away, although the company says that they are still interested in doing something.

after how much time can I deem the company as not being interested in patenting so that I can take the idea over myself?

Thanks for your helpWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[divgradcurl]

Originally Posted by Ericseewald

North Carolina:

Dear IP professionals,

I have a question about NC IP Law. I came up with an invention in NC. After I had reduced the idea to practice and had shown that it works, it took about 6 months for the company I was working for (after my hard convincing) that they should patent the idea. Now, about 2 years after reduction to practice, a patent has not yet been written and time is still slipping away, although the company says that they are still interested in doing something.

after how much time can I deem the company as not being interested in patenting so that I can take the idea over myself?

Thanks for your helpWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

There is no time limit. The invention doesn't belong to you, it belongs to the company, and it is up to the company to choose what they want to do with it.

If you can convince them to give up the rights to the invention, or sell you the rights to the invention, then you could patent it on your own. But absent express permission from the company, there is no "adverse possession" of an invention.