Sought no prior permission for two patents
JAYANTA KUMAR DAS
(Querist) 01 April 2014
This query is : Resolved
Respected Sir/Madam,
I have queries as follows for experts' advices :
1. A Faculty member of a State Govt. Diploma Engineering College has two patents on his own elementary inventions. He did not take prior permission from his Govt. employer. He also did not take help of institute's resources. Now he wants to include these two patents in his service book for getting CAS (Career Advancement Scheme). Can the Govt. employer take any legal against him for not taking prior approval for applying for two patents ?
2. Can he commercialize these two patents without prior approvals of Govt. employer without any disciplinary action
against him ?
Thanking you,
Yours faithfully,
Jayanta Kumar Das.
Guest
(Expert) 01 April 2014
What interest of yours, as a Contractual Lecturer, is going to be harmed, if the faculty member gets mention of his patents in his service book?
Further, when he did not use the institute's rsources, how the interest of the institute is going to be harmed is he seeks credit to the patents registered in his own name?
His patents are his own intellectual properties, if no resources of the institute have been used by him.
ajay sethi
(Expert) 01 April 2014
agree with Dhingraji
ajay sethi
(Expert) 01 April 2014
agree with Dhingraji
Rajendra K Goyal
(Expert) 01 April 2014
The same should be entered in his service book.
He can not commercially use these patented inventions without the permission of employer.
Anirudh
(Expert) 01 April 2014
I think, that the Faculty Member referred to by you in your query, is none other than you yourself.
Please confirm.
JAYANTA KUMAR DAS
(Querist) 03 April 2014
Respected Sirs,
It is not myself. He is one of my senior faculty member in Electrical Engineering. He is Ph.D.
Thank you Sirs.
Anirudh
(Expert) 04 April 2014
Govt. permission is not required for getting any patent registered for the inventions made by him.
However, what is to be verified is whether he made those inventions during the course of his employment - meaning thereby that while doing any particular research as part of his official duties, he made those inventions. In that case, the Govt. College, being the employer is entitled to the ownership of the Patent.
In the ordinary circumstances, it is enough that he keeps his controlling officers informed about the invention and his getting the same registered in his name.
