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Stahlwerks.com
Join Date: Dec 2001
Location: Columbia, SC
Posts: 4,301
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Patent lawyer question
I just got an email request from a former employer requesting I sign an attachment. Form is a declaration for utility patent application, and includes an assignment of all rights and interests to the company.
The application has already been filed, but dated a few months ago. I haven't worked for this company in over a year. They had a pay for patents program when I was there, person sending the email says I don't get paid since I don't work there anymore. So I have to ask, other than getting my name on another patent, whats in it for me? Should I expect compensation?
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John Helgesen Stahlwerks.com restoration and cage design "Honest men know that revenge does not taste sweet" |
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06-04-2008, 10:48 AM
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durn for'ner
Join Date: Feb 2005
Location: South of Sweden
Posts: 17,090
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Are you one of the inventors on paper?
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Markus Resident Fluffer Carrera '85 |
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06-04-2008, 11:01 AM
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Certified Pre-Owned
Join Date: Aug 2002
Location: Nanny State
Posts: 3,132
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You were already compensated for the work.
If you have to have the declaration notarized, find out how they will reimburse you for the small expense. But it depends on what sort of terms you were at with them when you left...
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'84 Carrera Coupe |
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06-04-2008, 11:07 AM
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Stahlwerks.com
Join Date: Dec 2001
Location: Columbia, SC
Posts: 4,301
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yes, sole inventor
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John Helgesen Stahlwerks.com restoration and cage design "Honest men know that revenge does not taste sweet" |
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06-04-2008, 11:08 AM
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Registered
Join Date: Aug 2000
Location: Palm Beach, Florida, USA
Posts: 7,713
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I've had questions like that come up from time to time. The issue is usually that the person doing the inventing had an employment agreement assigning the patent to the company, the inventor moves on after the invention is perfected but before the final paperwork is complete, and now the company is looking for a favor for the inventor to sign the last paperwork perfecting the patent - in the company's name.
In situations like that I usually have my person write a polite letter back to the company asking what is the basis for asking for the signature, and whether they should expect compensation. The company usually flips a little before finding the paperwork and showing that the patent legitimately belongs to the company, but not always. It's worth sending a polite letter of inquiry simply asking.
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MRM 1994 Carrera |
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06-04-2008, 12:28 PM
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Registered
Join Date: Feb 2004
Location: Old Hangtown
Posts: 529
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MRM is spot on.
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'73 Targa |
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06-04-2008, 04:28 PM
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Registered
Join Date: Oct 2000
Location: agoura hills, ca 91301
Posts: 2,634
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John,
My ex-employers always ask, as part of my employment, to sign a form advising them that any inventions that I produce during my employment with them is theirs. Do you recall signing a similar document? |
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06-04-2008, 05:48 PM
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Stahlwerks.com
Join Date: Dec 2001
Location: Columbia, SC
Posts: 4,301
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Yes, I signed a similar document. I just wondered how well it stayed in tact since its been over a year since I worked there.
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John Helgesen Stahlwerks.com restoration and cage design "Honest men know that revenge does not taste sweet" |
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06-05-2008, 03:18 AM
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