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I am employee of a company and all my work, even it is outside of work, is owned by company. I signed this common agreement while joining.

Now, I have an idea that I want to patent on my own. Since I cannot file in my name (company can claim it is theirs), I want to file with my relative's name. Does this have any complications?

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In the U.S., the true inventors must be named in a patent application, even if the application is ultimately assigned to a company. Failing to name all the true inventors or naming inventors who did not have an inventive contribution is considered fraud against the Patent Office and can result in invalidation of a patent that might issue from the application. Be sure to consult a patent attorney before moving forward.

  • 4
    Not to mention a breach of the employment contract and possible theft of intellectual property against the company. – Robert Cartaino Mar 12 '15 at 1:06
  • Good point. There are lots of other non-patent related issues as well. – Dylan O. Adams Mar 12 '15 at 1:14
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Does this have any complications?

yes it does have complications

IMO - you have three options,

  • Instead of doing something surreptitious - check with your company if your idea interests them. Once they confirm that they are not interested in it - you can file while staying employed.
  • If they like your invention IMO - hand it over to them.
  • Quit the company to work on your idea - while working on your idea - take up a part time job.

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