Q&A - Can my employer get a patent on the machine part I invented?
Q: I work at a local factory. For some considerable time we had had a persistent fault on the production line that was causing problems, and as a consequence was costing the company both time and money. I solved the problem by inventing a piece of kit to add on to the line. Now my employers are going to apply for a patent for the invention, even though I was the one who invented it. They say that as they are my employers the invention belongs to them. Is this correct?
A: Inventions created by employees during the course of their normal employment duties are capable of belonging to their employer. However, this does depend on the nature and description of their duties at work.
If your employer feels that your invention may belong to you they may ask you to sign a document to assign your rights to the invention across to them. It is important that you consult with a solicitor before signing any documentation that may assign any rights to your employer. A solicitor will be able to look at your employment and job description and ascertain whether inventing this machine part was something that could have been contemplated as part of your normal duties at work.
There is a possibility that the invention does belong to you but there are a number of factors involved in assessing this. Such factors include determining whether it would have been contemplated that you would create the invention in the course of your normal duties at work or if your employer had specifically assigned you to the task of solving the problem. If you are employed as part of a research and development team, for example, it is likely that the invention would belong to your employer.
Further information relating to this question is available from Nick Kennan, a solicitor with GHP Legal, Commercial and Civil Litigation department. For information relating to any other legal matter please call GHP Legal on 01978 291456. GHP Legal is the new name for Gwilym Hughes & Partners.
 Q&A - Can I get restrictive covenants removed from redundancy agreement?6th September, 2010
Q: I am awaiting details of a redundancy package which I am expecting will contain the same restrictions as those in my contract of employment, in respect of client confidentiality and work I may do elsewhere with another company. So that I am armed with information in the event that my assumptions are correct, is there any way that I could get such covenants removed? After all, I have no choice about leaving the company and I need to get another job to support myself and my family.
- More...
|
Q&A - Store denies responsibility for spillage that caused me to slip1st September, 2010
Q: When I was shopping in my local Supermarket last month I slipped on the contents of a bottle of cooking oil that had clearly fallen onto the floor and, in doing so, had dislodged its cap. I hurt my wrist quite badly but didn't want to cause a fuss. Later that evening, however, I was in so much pain that my husband insisted on taking me to A&E where it was discovered I had broken my wrist. I contacted the manager of the Supermarket next day to make a complaint, only to be told the store could not be held responsible as the bottle had been dropped by a customer. Surely this cannot be right?
- More...
|
Q&A - After watching TV programme on Will Writers I am worried!1st September, 2010
Q: I recently made a Will with a Will Writer who was advertising "cheap" wills. I paid an up-front fee and also appointed the Will Writer as my Executor. But after watching the BBC Panorama programme about Will Writers I am worried I made a big mistake.
- More...
|
Q&A - What is the difference between market and inflation-linked rent reviews?30th August, 2010
Q: I am considering leasing premises for my business and have been looking into business leases. In particular I am concerned about the implication of rent reviews. Please can you explain what the difference is between a market rent review and an inflation linked rent review?
- More...
|
 Legal Skydive earns charity £266427th August, 2010
Two solicitors from one of the largest law firms in North Wales and Shropshire presented Wrexham based Charity, Dynamic, with a cheque for £2664.30 this week. The money was raised in sponsorship for a tandem skydive which took place at Tilstock Airfield in June.
- More...
|
GHP Legal wish to recruit Family Lawyers26th August, 2010
- More...
|
Q&A - Does employer's reaction to symptoms warrant disability discrimination claim?23rd August, 2010
Q: I suffer with depression and anxiety. Because of this, I have occasionally become irritable and aggressive at work. After the last incident my Employer advised me to take leave. When I returned I was moved into a different, non client-facing role. Can I claim disability discrimination?
- More...
|
Q&A - Should I appeal speeding ticket as boss put time pressure on me?16th August, 2010
Q: I drive for a firm that delivers to big supermarkets all over the country. Some of the supermarkets "fine" our firm a lot of money if deliveries are late and so our boss puts pressure on us drivers to make sure we get there on time whatever. Last week I got caught speeding because I was trying to make up time after being stuck in traffic. Obviously I am going to get points and a fine and that could ruin my chances of getting another job. Should I pay up or appeal?
- More...
|
 Further expansion for law firm13th August, 2010
A leading North Wales and Shropshire law firm has announced the appointment of another Solicitor to its residential conveyancing department.
- More...
|
 Solicitor praises Panorama team for exposing will writing dangers13th August, 2010
A North Wales Solicitor has praised the BBC Panorama team for exposing what he says is a massive threat to the families and assets of people who use unregulated Will Writers.
- More...
|
Q&A - Can I gain payment of overdue account from deceased spouse's estate?9th August, 2010
Q: I belong to a Residents' Association which is responsible for collecting an annual fee from all property owners of a private development, for the maintenance of common parts areas. One of the houses was bought in the sole name of a lady who unfortunately died a few months ago. Her husband is still living in the property but says he cannot pay the fee which has just become due for the next six months because probate of his late wife's estate has not yet been granted. Clearly we have a duty to other residents to collect the fee. What can you suggest?
- More...
|
 Eisteddfod sponsor urges businesses to support 2011 event5th August, 2010
One of this year's main sponsors of the Llangollen Eisteddfod has praised the organisers for their handling of the event and for their commitment to gaining the extra financial support needed to sustain it in future years in the face of the current economic crisis.
- More...
|
 Law firm warns of pending disaster for family lawyers and their clients5th August, 2010
A leading local law firm which has one of the largest Family Departments in the region has warned that the long awaited announcement of the new family and social welfare contract awards could leave thousands of clients without representation and dozens of local matrimonial lawyers out of work.
- More...
|
Q&A - I was refused employment because of my arthritis - what can I do?2nd August, 2010
Q: During a recent job interview, I was asked whether I suffered with any illnesses or health conditions that would affect my performance should I be offered the job. I told the Employer that I suffer with arthritis. I was not offered the position and I believe it was because I have arthritis. Can I do anything?
- More...
|
Q&A - Loans to adult children - can I avoid a tax trap after the Budget.1st August, 2010
Q: I am retired. During the past eight years I have helped both our children to get on the property ladder by lending them the deposit for a house. In both cases the mortgage lender insisted on my name going on the deeds and on the mortgage, something I was happy to do because it also safeguarded my interest in the properties in the event that either child should get married or take a partner who moved in with them. At the time Capital Gains Tax for higher rate tax payers, such as myself, was at a lower level. Will I pay more tax as a result of changes announced in the recent Budget?
- More...
|
