I have a contract with a company to enhance my software. The contract states that my company owns all of the IP, Trade Secrets, know-how, drawings, etc of the original and add-on software as outlined in the Agreement. We did the add-ons to my software. We delivered the software and source code to the company. We never got paid. Now the company has filed a patent on my IP and received a patent.

Can I get the patent changed to reflect that my company owns the patent and is the inventor as well?


Three words: Statute of limitations. A patent normally takes years to issue. The statute of limitations for suing on a written contract varies by state, but let's just use four years for purposes of illustration. If they failed to pay more than four years ago, your remedies may be quite limited. If they failed to pay more recently, you need to get into court quickly - before the statute of limitations on breach of contract runs out - and get an order establishing ownership of the patent. This was one of the issues in the lower court decisions that led up to the Supreme Court's Stanford v. Roche decision.

Bottom line: Get yourself to a lawyer, pronto. Your options will narrow with the passage of time.


As per information provided you can sue them in federal court for contract breach, wherein they owned the IP from you. secondly since some of the financial part was not fullfilled by company you will get either IP or Money for your work.

as you know invention requires inventors a organization cant invent itself dont sign any of the patent application form to further restrict their filings.

Just in case please check your agreement with company and see if copyrights are listed as one of the IP get a copyright for your code and they are DONE. hope it helps

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