Intellectual Property Forums - employer forgot to get assignment form signed

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Dec 5^th, 2023, 5:59am

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   Patent/Invention Ownership (Moderators: Forum Admin, JimIvey, JSonnabend)
   employer forgot to get assignment form signed

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Topic: employer forgot to get assignment form signed (Read 1159 times)

robby1140
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Posts: 8

employer forgot to get assignment form signed
« on: Dec 27^th, 2007, 5:32pm »

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When I joined my employer, my letter stated that on joining I agree to sign a confidentiality and a assignment of work ownership letter. This was a standard letter which stated among other things, my start date, my salary etc. and also that I'll provide proof of legal working in the US on joining. Of course, I signed the joining letter

However, they forgot to give me the work ownership assignment letter. So I never signed that.

Now, I created some unique stuff during my employment and want to write a patent on that. Is their an implied contract here (ie I have to assign patent to them). I never signed the assignment letter. Is there something called "intent" to sign (legal term).

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patentsusa
Junior Member

Posts: 81

Re: employer forgot to get assignment form signed
« Reply #1 on: Jan 4^th, 2008, 11:29pm »

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That is a matter of state employment law but, in general, if you are hired to invent, the inventions you come up with on the job belong to your employer. Even if you were not hired to invent, if you used their materials, they would probably have a shop right (license to use) your invention. You might want to discuss this with a labor lawyer in your state.

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Deepak Malhotra, JD, BSEE
Registered Patent Attorney
Malhotra Law Firm
www.patentsusa.com

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