Home Improvement Contractor - Licensed Contractors

I am an independent contractor and invented something- can I patent it?

I'm an independent contractor, and while working on work for the person I work for, I invented something. (I am an inventor and have a patent already). I have not shared it with him or anyone else. I know if I was employed by him then the employer has rights to the creations of the employees. However, as an independent contractor, can I patent it or does he still have rights to it? Thanks!

Public Comments

1. If you invented it on his time, it's his.....but if on your own time and their is not a conflict of interest than it's yours.
2. It would depend on the contract you signed when you went to work for them. A patent assignment clause is pretty standard in contractor contracts.
3. You CAN invent something while you are employed by someone else and retain rights to the invention. You can invent something while under contract and your 'employer own the invention. As another poster stated, it all depends on your contract.