Legal Question in Intellectual Property in California

Assigment of a Provisional Patent Application to Employer

I assigned a provisional patent to a company I was working for. After a hostile takeover, I now find myself with no job or stock and the IP in the hands of the hostile entity.

My question regading assigment is as follows:

If the utility has not been written or filed yet, is there any way that they can make me do additional disclosure? I know that I must sign and review docs and have given the firm power of attorney to complete. But I am sure that the invention was not fully disclosed in the provisional. I believe they own that and no more (i.e, the work I did while I was there) - if they wish to have additional disclosure for the utility, can I ask for consideration? Note also that the invention is still in the process of being tested.

Thank You!


Asked on 1/28/03, 12:17 am

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Assigment of a Provisional Patent Application to Employer

I am not a patent attorney, but can tell you that no one can compel you to work for free. Even reviewing and signing documents should be paid time. That is one reason why an agreement contains a "power of attorney" clause, so that no further work is required of you (i.e. an employer can sign in your place).

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Answered on 2/10/03, 6:09 pm


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