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Wed 19 Oct, 2005 08:44 am
I have an invention which I'd like to patent through my university...they are willing to do this for me, taking all of the lawyer fees etc which they estimate to be about $15,000. The catch is that the patent would belong to them, although I would get 50% of all royalties. However, since it belongs to them, that means I would have to pay royalties to them when I start selling my invention!
I'm wondering if there's a way for me to get around this legally. For instance, if I start selling the product before I patent it, would I still be able to patent the idea then and be exempt from royalties? Or could I do some other legal thing to validate my design for myself, then patent it, and then put it into production and avoid the royalties?
Have you spoken with a patent lawyer about what it would cost to get the patent yourself? Just because the school estimates the legal fees does not mean that they are right.
That's a good point. I have not. I have a friend who's filing a patent and he said it only cost about $2,000. You do have to hire a lawyer no matter what...and I'd rather just file it with UVM, not only is it free but they do all the work. I'm trying to balance schoolwork with applications for 15 grad schools, with development of software like this, with being lazy!
I could ask this question to the patent office at my school but I'm not sure they would give me a straight answer.
I would definitely see a patent lawyer regardless of fees and royalty arrangements.
I am not sure of the law in the US but here in Australia it is settled that if the invention was carried out as a result of your work for your employer the patent belongs to them lock, stock and barrel and you get nothing. If you carried all the work out at home on your own equipment in your own time using your own intellectual capacity then you might be okay. But this is the law in Australia only so seeing a patent lawyer to be advised of what pertains in the US is definitely the best option.
In the US, the employer can buy the patent from you. My father has several, and his employer paid him $1 apiece for them. Of course, he got his real profits in wages and bonuses and raises, but the company owns the patents and they aren't all small ones.
Do yourself a favor. Don't be lazy about this. It could be worth bucks. Just ask, you should be able to get a fee estimate over the phone. Then see if it's worth it or not.
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