When an employee is requested to develop a new product, process, or machine, is provided with the means and opportunity to resolve the problem or achieve the result, and is paid for that work, then the employer is generally entitled to the fruits of the employee's labors. Often the employee has already signed an agreement stating that all inventions created on the job belong to the employer and that the employee agrees not to disclose or use such inventions without the employer's consent. Also, an idea is presumed to be a work for hire if it is offered voluntarily without entering into a formal compensation agreement. If you were not hired to invent or solve a particular problem, you may have a claim to the rights of your invention depending on the facts of the case. This shop right can, in certain instances, give the employer a nonexclusive irrevocable license to use the invention for a lengthy period without having to pay a royalty.
Many inventors give away valuable ideas without understanding their rights.
The following strategies can reduce the possibility of exploitation. Articulate your idea, method, or process in writing. It is difficult to prove that you are the creator of a valuable idea unless it is set down on paper. Be sure the writing is detailed and specific to increase the chances of proving that the idea is a protectable property interest. Avoid volunteering ideas if the entity receiving the idea is under no obligation to pay anything if it is used.