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my employer who terminated me, ask me to sign an assignment letter on Patent I develop while employed, however that ask me to give up all my right for a $1 symbolic money...
Question as I am not with them anymore, am I in the oblication to sign such a document ?
can I ask to be co-assignee and do give up all the right...
can I sell the right for more thant $1 ?
I would like to know if there is an attorney here willing to take the case
or someone who can refer me to an Patent Lawyer
+Michel
contact : 610 457 1923
Question as I am not with them anymore, am I in the oblication to sign such a document ?
can I ask to be co-assignee and do give up all the right...
can I sell the right for more thant $1 ?
I would like to know if there is an attorney here willing to take the case
or someone who can refer me to an Patent Lawyer
+Michel
contact : 610 457 1923
posted by:
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SF Bay Area
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Re: assignment of application ...
Tue, July 11, 2006 - 7:42 AMMichel,
Generally, if you developed the invention on company time using company resources you have a duty to assign the patent to your employer. Many employers have invention agreements you sign at the start of your employment to make this clear, but they are not absolutely necessary. If you refuse to assign the invention, there is a process for your employer to prosecute the application without your assistance.
If, however, you developed the invention on your own time, in your garage, you do not have to assign eht invention. -
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Re: assignment of application ...
Wed, July 12, 2006 - 5:11 PMRick thanks for your answer
I had that feeling, indead the work was not done in my garage.
knowing I am not an employee from them anymore ... do I have to assign the invention ?
can I still have some rights on the invention ? like having a co-assignement ...
or can I sell my right for a much higher price than $1.00 ?
if you think my case can lead to something interrested would you be willing to take it ...
would you help me to write an answer to them modifying the document.
Thanks
+Michel
phone : 610 457 1923 -
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Re: assignment of application ...
Fri, July 14, 2006 - 2:40 PMMichel,
Sorry, but i don't think you can get any more out of your employer. Your assignment may make your employer's job a little easier, in that they won't have to jump through the hoops necessary to prosecute a patent application without the inventor. Many inventors will make such assignments so as not to burn bridges with their former employer.
Also, sometimes the employer may want you to do some additional substantive work in helping with the prosecution. In those cases, its reasobable to request a consultation fee for your time and effort to help the company out.
If you think about it, it really makes sense that you should have to assign the invention. If there wasn't such a rule, inventors could use a companies resources to come up with a great invention and then quit the company before assigning the invention and hold the company hostage.
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