Q: I created healthcare processes that are currently safer and better than are currently used. Can they claim ownership?
I work in healthcare and have found a medical procedure that is much more efficient and is safer than current “best practices”. I’d like to start a business teaching these techniques but am worried about them claiming ownership since I work there. I saw the current practices were not efficient so I researched and developed the techniques.
Will this fall under “works made for hire” or “shop right” or ???
Thank you
A: There is no way to answer without knowing details of what you have developed. It might fall under copyright or patent, or neither. Ideas are not copyrighted, but the expression can be. But a method or technique could be patentable. And any employment contract or terms of employment included in an employment handbook or other restrictions related to your employment might allow your employer to claim ownership. Use the Find a Lawyer tab to retain a local intellectual property law attorney who can review all the facts and advise you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
