Patent ownership.

[fedcor]

What is the name of your state? NC
I work in NC as a technical support engineer for a buying agent. Our company buys components from manufacturers in Asia, and sells them to customers in the US.
One of our customers has a technical issue that could not be resolved by the manufacturer. I came up with an idea to solve the problem and patented it (at my own time and expense). Now my employer feels that the patent should belong to them, because of the circumstances in which I came up with the idea.
Note: when I was a former design engineer (for another company) I signed a contract stating that any ideas or intellectual property I developed belonged to them (which was fine). I have no such contract with my current employer.
Does he have a case, or does this patent belong to me (as I assume)?
Thanks!What is the name of your state?

 

[divgradcurl]

What is the name of your state? NC
I work in NC as a technical support engineer for a buying agent. Our company buys components from manufacturers in Asia, and sells them to customers in the US.
One of our customers has a technical issue that could not be resolved by the manufacturer. I came up with an idea to solve the problem and patented it (at my own time and expense). Now my employer feels that the patent should belong to them, because of the circumstances in which I came up with the idea.
Note: when I was a former design engineer (for another company) I signed a contract stating that any ideas or intellectual property I developed belonged to them (which was fine). I have no such contract with my current employer.
Does he have a case, or does this patent belong to me (as I assume)?
Thanks!What is the name of your state?

If your employer can prove that your invention was within the scope of your employment, then they have a case -- ir doesn't matter that the work was done on your own time, if the work falls within the scope of your employment, then your employer has a claim to ownership of the patent.

This is likely going to turn on state law, not patent law, so you might want to sit down with a local attorney who has experience in intellectual property, and who can review all of the facts of your situation and advise you accordingly.

 

[fedcor]

thanks

I just wanted to say thanks for taking the time to reply. It was helpful and appreciated.
I guess thats the point that would be argued. Would developing new ideas be within the scope of my employment. I know this was true while I was a development engineer. I assumed this wasn't the case in my new position, but I'm not a lawyer.
Regards