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I had an idea when working in previous job that I also come to implement it at my workplace. The workplace didn't want to issue this patent since it is not the main field in which the company is doing business.

I already moved to a new job and thinking of issuing the patent on my own. Can I do it? will it consider to be my patent?

Thank you

closed as off-topic by Robert Cartaino Oct 18 '17 at 15:59

This question appears to be off-topic. The users who voted to close gave this specific reason:

  • "Copyright, Trademark, and Licensing Issues Are Off Topic — Ask Patents is a community-run website to ask about the patent process or to help find Prior Art on US Patents or Applications. Unfortunately, questions about copyright, trademark, and licensing issues are outside the scope of this site. Sorry about the confusion." – Robert Cartaino
If this question can be reworded to fit the rules in the help center, please edit the question.

  • This is going to depend almost entirely on your employment contract — whether you were employed as "work for hire" or some other arrangement — which varies by jurisdiction and who is designated as the owner of any work you create. Since this has little to do with patents or the patent process, I suggest taking this to our Law site. They will need a lot more detail about your situation, but non-patent IP issues are outside the scope of this site. Sorry about the confusion. Good luck! – Robert Cartaino Oct 18 '17 at 15:59
  • Ask your original employer for permission first. – Eric Shain Oct 18 '17 at 16:43
  • I don't think you actually need to ask permission, if you invented the process, but you should review the contract you signed with them, because it may include language regarding this. Also, if it's been over a year since it first became public (implemented without secrecy) the grace period for filing may have expired. – DukeZhou Oct 18 '17 at 21:21

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