Patent application for patent after company goes bankrupt

Question

Can I apply for a patent, if I developed the invention while working for a company which has now filed for bankruptcy? Or how is it if the company did not exist anymore, but the work was done for them while they were still in business?

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Answers: 4 public & 0 private

018
Patent Attorney

It depends on what your relationship was with the company while you worked with them. Were you an employee, and if so did you execute an employment agreement that stipulated that you assign all rights, title and interest of any inventions under the scope of your employment to the company? If so, even if Bankrupt, that technology would still be an asset of the company. In my opinion, you would have to work with the company and their bankruptcy attorney, and possibly even the bankruptcy court to see how to acquire the asset from them....which is beyond my scope as a patent attorney. Hope that helps.

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