I'm about 99% sure that as long as you didn't use any company time or resources to develop your invention, you retain all rights to it, even if it's in the same line of work as you're employed in with them. (Unless you signed a contract with them that states otherwise).

I'd talk to a patent attorney

this is not to be construed as legal advise. it's all dependent on your employment contract. from a legal perspective. If you aren't willing to leave, it will be about politics. I am lousy at giving good corporate political advice. someone else may be better at it. In corporations, inventors are rarely awarded to the level of their contribution. Entrepreneurs do get rewarded. sorry. and good luck

What is your contract with your employer? Did you develop the technology through your work and/or with your employer's resources?

If possible, protect your intellectual property first.

Another idea - How about moonlighting?

Interesting timing, since we have all probably been reading about Nakamura, the Nobel prize winner (shared) for the LED light, having been paid $200 for his invention by the company for which he worked 'because your company is supposed to be like your family and it is your duty to work for it'. The inventor left Japan and came to the US! But he had invented the LED on company time and under company pay, so the invention legitimately belonged to the company...but HE got the Nobel prize (not the company).

If your new invention is one that an outsider would have considered to reasonably have been invented by you at your company during company time, it is going to be very difficult to show that you invented your new product on your own time...and it 'just happens' to be in the mainstream of the product line of the company for which you work. As wiser heads than I have already said on this list, your corporate contract/employee handbook will probably have a clause that regulates or defines the parameters of such inventions.

One course of action is to go to the CEO (or other jefe) of the company and say, "I invented this stuff on mine own time, but I don't want there to be any confusion about ownership. What corporate hoops do I need to jump through to make sure that this invention is Mine and not Ours?" (My company co-founder left his job as head of IT at Peterson Publishing with full rights to all the software he had written whilst there, in exchange for helping them during their conversion to a Mac system. This software serves as the underlying code for SchuyLab. Note that SchuyLab is medical informatics and not publishing software, so there is no conflict of interest.)

Jan

If you're development efforts were done using time that your employer was expecting you to be working for him, then you are in a difficult position. If on the other hand the effort was solely your and the development effort was in no way diminishing what your employer had reason to expect from you, then you're golden.

In the former scenario, you have already been compensated for the work, in the latter case you have not.

If the work is outside of the normal scope of what you are paid to do, then you can run it past your employer, seek a release as in informed agreement, then pursue monetization of the invention.

If your employer could be an asset to help capitalize the technology, then you'd do well to cooperate with your employer and mutually benefit. If employer declines to cooperate then you are in the clear again, otherwise you have a trusted ally and a path to promotion and/or bonuses.

There is plenty of sound advice on this page!

Most employers have an IP policy where anything you "invent" while in their employ is theirs. However, these agreements have been successfully challenged by employees, if 1) the employee can show that it is not part of the employee's job function, AND importantly 2) there is no evidence of the use of company resources for develop the IP.

Since you highly value your employment, I recommend you simply open a conversation with your employer and ask if they will release your idea for your own pursuit in your own time.

People have done this at my company. With the previous administration it was squelched, but we allow specific instances now. It encourages entrepreneurial culture and drive. General Dynamics (my previous employer) also allowed this in a few cases I am aware of.

Here is a perspective that I gained from a similar incident in the state agency in which I currently work...

A fellow employee created a piece of software that worked both better and faster than software from the equipment's manufacturer, itself. When he offered to sell it to our employer, his offer was rejected by a manager on the basis that the program "likely" was written on an agency laptop, at least partially, regardless of whether or not he was at work at the time.

I guess what I'm saying is...if your employer can show any link between your technology and a connection to your job, it might be possible for them to claim it as their own.

In the end, whoever "pushes" your technology out to the world will be taking all the risks and deserves the most benefit from it, whether that be you or your employer.

From my Gulch perspective if you worked on the technology while you were on your job with your employer you are being like a welfare recipient. If you worked on it while away from work then the company has no business whatsoever to your idea.

Why don't you attempt to commercialize the technology on your own? Maybe your employer won't know or care. If they care, the worst they can do is fire you and sue you. Right now you're not sure you can commercialize the technology. Maybe you'll discover there's something that makes it more trouble than it's worth and you'll turn it over to the employer. Maybe you'll discover it's amazingly valuable and you can settle with the employer for a million dollars, and they walk away happy. Don't fail to act out of fear of all the universe of things that could happen.

share it with a totally trustworthy friend, if you have one,
and work it that way -- anonymously, and Very Carefully.
I am fortunate to have such a friend, but if this turns out
to be very lucrative for you, it could strain the friendship. -- j

p.s. I have given away ideas right and left, over the years,
plus my former company declined to file a patent on one
which was exclusively mine and imminently patentable,
so it is just lying there, dormant. if you Really Want The Credit,
you'd better hire Dale Halling quick.

Get an attorney to read your employment contract and advise you is you can set up a "independent" company on the side without your employer being able to claim you invented the idea on company time. Then recruit a business partner to develop and run with the idea. You remain a silent stockholder until the new venture can afford you as well.

You can do what Galt did: he developed a revolutionary motor on 20th Century's dime. Rather than contribute it to the world through the company, he abandoned it, leaving the prototype and his drawings since they were company property for which he was paid a salary. In Galt's world, there were no other minds capable of understanding the concepts behind it much less further develop it.

In other words, unless you patented the idea in your company's name, they own the PHYSICAL exemplars of the idea (they paid for the development) but do not own your mind. You can just leave and, if they do not pick up where you left off, feel free to develop the idea on your own.

Note: I am not a lawyer and the above cannot be construed as legal advice; it may be prudent to discuss this with an attorney to determine what your options are.

Big question is whether you developed it on your own time or on your employer's time. If on your own time, offer to sell it to them at a discounted rate - just make sure you're not jeopardizing trade secrets, etc. If he's still not interested, put together some capital and market it out to others.

Either way I'd put together a basic business plan. Figure out how many hours you put into it and multiply by about $150 to get a basic value. Now try to ascertain the market size or potential customer base to get an idea of a marketing strategy and costs. Now try to figure out how much time/money your idea will save for those customers and price your solution accordingly.

A few thoughts. You're talking about intellectual property rights which to some extent vary state by state. You'll want to talk to a local IP lawyer. When say you came up with the idea on your own, I'm assuming that you didn't use any equipment, computers, etc belonging to your employer, so you're clear on that count. Regarding being exposed to industry specific information, the only thing that (I think) can trip you up is if you made use of any trade secrets from your employer. Assuming the exposure you're talking about are things that could be discovered in the public domain, you're probably clear on that too. Finally, you didn't indicate whether your idea would be patentable (not all ideas are). Invest a little money in a good IP attorney (not the ones advertising on late night TV). They should be able to evaluate your particulars pretty quickly. If all looks good, then file for the patent and then approach your employer about licensing your idea.

If what you have done is of much value to others then it is not at all self-destructive to leave and get funding and others on board to get it out in the world. You need to find others to feel in some needed skills that you may not have to do that but you can start that process by attending entrepreneurial meetups and such. Get a provisional patent on your work on your own dime (around $200 for do it yourself) before discussing its details with other possible cohorts.

if what you have developed has great value, leave the job and look for either another company to work WITH in the development and marketing under your terms or do it on your own.