MattB
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Posts: 127
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Re: Assignment to Former Employer
« Reply #1 on: Nov 27th, 2007, 4:18pm » |
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on Nov 27th, 2007, 11:20am, Anonymous******** wrote:I should preface this by saying that I am working with an attorney. I just wanted to get additional input from here.
My former employer wants me to assign a patent to them. They also want me to help with the application (I guess it's still being reviewed, some rejected claims to be appealed). This patent was created while I was employed by them, but no assignment was ever executed. I am the sole inventor. I was not hired to invent. Also, there is an employment agreement, but it makes no mention of patents. (This is a small - less than 5 emp - company.)
What are my rights/obligations to my former employer? |
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Depends on the state you're in and the applicable law. But in the U.S., no one can force you to work (not in this century)
Quote:| I expect to be paid for my time, but they don't want to pay me. |
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Tough noogies to them, if they want you to work gratis, you either agree or don't.
Quote:| Can I be sued for not helping them? |
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Of course you can be sued, for not helping them or anything else or any other dirt they want to press on you. That doesn't mean they'll win.
Quote:| What would happen if I didn't help them, and the application/appeal expired? |
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You got it, app expires - no patent rights for anyone.
Quote:| What would happen if I don't assign the patent to them? |
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Litigation. If the law is on your side, there is no blatant reason for you to do this for free. Of course, they'll stop paying for the patent process.
Quote:| Can I help them, but do a lousy job? |
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That just strikes me as a bad idea.
Quote:| Can I do anything with the patent to make their life miserable? |
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Yes, retain a license/ownership stake and license it to their competitors.
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