While working at a company, they patented one of my HackWeek projects. Now if I want to start a company that uses some of the elements of the project that was patented, can/will I be in trouble?
What exactly do you mean by "they patented one of my..." ?<p>Patents have named inventors, which can not be companies: they have to be people.<p>When someone works for a company (actually because of this rule that patents are assigned to individual inventors) they agree as a condition of employment to "assign" the rights to any patents awarded to them in conjunction with performing work for the company (and sometimes not when doing so also) to said company.<p>So, did they company pay for filing of a patent with you as a named inventor? If so then you signed away the rights to this patent (or you did if they have their legal paperwork straight). You own it as much as I do. You might try asking them nicely for a license to use it -- they might be inclined to help you since to some extent they also need your good will for any future litigation over said patent.<p>Or, did someone else at the company file a patent covering something that you believe you (not them) invented? If so then prepare to open a legal can of worms.<p>I guess you might also be saying that the company filed a patent with or without you as a named inventor that you believe is weak (not really a patentable invention) and you're wondering if this is any different than the likely 1000 other weak patents out there covering the same "invention"?<p>Perhaps if you post more details on the specifics of the situation folks here can help with more accurate advice.
Pay for a patent lawyer's time, $500-$1000 (or less if you're lucky). Or some clever combination of retainer or something.<p>It'll save you 10-100x that much in pain and suffering. And it always pays dividends to talk to a professional.
I am not a lawyer however I went to law school and know a bit. First, get a lawyer. Second, be prepared to hear that you do not own the project any more so yes you can get sued and you will lose and you will owe a lot of money.
It's not worth it. You'll have other, more valuable ideas. Let it go.<p>Odds are the company won't understand this, or that only you could make this idea work (in a sense ideas choose people, not the other way around), and the patent may end up being useless to them. It's ok. Let it go.
Look for prior art as that is likely your only way to use similar software techniques outside the company. But if you are still working at the company then you should push as hard as you can internally to get them to support the work that interests you, eventually they will get sick of hearing about it and let you do what you want.
You should consult a lawyer, but typically a patent can be enforced if all the claims are met.<p>If your new startup does something similar, but with enough variations that you can prove doesn't meet all the claims (here is where you need the lawyer), then you're good.
If it is their intellectual property now, then yes. Even if they aren't actually mad at you for using it, protecting assets is a part of business. Valve did this quite a few times.
Yes (== trouble), unless you have specific written agreement allowing you to use patent as well or use that specific technology.<p>I guess you don't have (such agreement).