Re: Re: Re: Re: Re: Employed to Invent
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Posted by M. Arthur Auslander on June 09, 2003 at 21:01:01:
In Reply to: Re: Re: Re: Re: Employed to Invent posted by Ted Watson on June 08, 2003 at 00:37:29:
: Thanks for the explanation. Maybe I will meet with a lawyer. : : : : I am an employee of a company which does not have any employment contracts and was named as a co-inventor on a patent. I am now being asked to assign the rights to the company but am wondering whether the rights to the patent are mine or is this a paperwork formalty. The company says I have to do it because I work there and they pay me a salary, but I am not sure. I wasn't hired to work as an inventor, but I sometimes suggest ideas to programmers on problems they have. : : : What do you think? : : : : : : : : : What does this term mean, and how does one know whethr there employed to invent? : : : : Dear Mr. Watson, : : : : There are usually employment contract to spell all this out. Inventing on the job though which is not part of employment can be problem to the inventor. : : : : M. Arthur Auslander : : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : : 3008 Johnson Ave., New York, NY 10463 : : : : 7185430266, aus@auslander.com : : : : ELAINE's Workshop® : : : : E arly L egal A dvice I s N ot E xpensive™ : : : : Reality Check® : : Dear Mr. Watson, : : You get this one for free and there are lots of subtleties. As coinventor you have free use on at least what you have invented. The patent application MUST include all inventors. The patent application can be assigned to the employer in which care you may give up your right. : : You can refuse to sign in which case the usual situation is that you get fired. If you are fired the company still has a shopright on the invention. There are permutation and combinations of this scenario. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 3008 Johnson Ave., New York, NY 10463 : : 7185430266, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® Dear Mr. Watson, Make sure the lawyer that you use is familiar with your type of problem.
M. Arthur Auslander Auslander & Thomas-Intellectual Property Law Since 1909 3008 Johnson Ave., New York, NY 10463 7185430266, aus@auslander.com ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive™ Reality Check®
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