Document Actions
I have invented a business process which could save my employers money: am I required to disclose it to them?
I have had an idea for a business process at my firm which I believe could save them a massive amount of money and which may enable them to sell it to other companies who could equally benefit. I am a relatively junior employee and want to protect my idea and financially benefit if possible. Am I required to "give" my idea to my employer? If not how can I preserve my rights to the process?
Your ideas are your own and you should not be be required to give them to your employer.
However in certain circumstances your contract may contain a clause which gives them the right to your "inventions" for the period you work for them. In the UK this is only likely to apply on work you develop for the company in the company's time particularly that you undertake with co-workers. It protects the company for their giving you an idea and the ability and resources to develop it. It is not intend to give the company the ownership of all your ideas.
If you come up with an idea on your own which has significant revenue potential you should think carefully about disclosing it to your employers (and indeed anyone else) without protecting it first. Depending on what is required to implement the idea either a patent or copyright law may be applicable.
An idea itself cannot be patented - although it may be the greatest invention or idea in your eyes, that's all it is, an idea. It's only when it becomes and actual product, or has a specific use, that it can be patented. However, you should not be downhearted by this, as there is still a way to make sure no-one steals your idea before bringing it into the public eye.
This is where copyrighting your idea comes into play – although you don't have a physical product to show the patent authorities, you can apply a copyright to it instead while you prepare it to be transformed from idea to product or machine. To do this, you need to provide a complete breakdown of the subject you are hoping to patent at a later date.
The wonderful thing about copyrighting something is that it is an extremely simple process, far easier than when it comes to the patent process later on, should the idea come to fruition. In fact, there is no actual need to even register your idea in order for it to be copyrighted (although it is far more beneficial to register your idea for added security). As soon as you have an idea, all you need do is write it down, or draw it with a description of how it works, and mail it to yourself, and leave the envelope unopened. The date mailed is your copyright creation date, and this is legally valid for 70 years.
However, as simple as this method is for copyrighting, you should really register your idea for extra copyright protection. With this, you then have a public record of the date of your idea; it will offer a better chance of success in any litigation cases due to copyright theft; and HM Revenue and Customs will support you against any same ideas or such coming into the country from abroad.
Although it's not as far-reaching as a patent, since you don't have a physical product to apply the patent to, a copyright is the next best thing when it comes to protecting both you and your business idea.
We can provide standardised and simple forms of 'agreement outlines' which can be used for this purpose, and will help you draw up clauses to deal with special issues which will need to be addressed by the parties.
We hope this information answers your question and that you found our free service fast, comprehensive and useful. We answer questions on any legal matter so please tell anyone else who you think might benefit from our free assistance.
It would also be a good idea to bookmark http://www.lawanswers.co.uk in case you need free advice on any other legal question.
Please come back to us if you have any other legal matter we can assist with in future.
Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.
