Legal Question in Intellectual Property in California
A former employer wants me to sign a patent application document. I am listed as one of the inventors. While an employee of the company I assigned my rights to the patent to the company. I am not contesting that. The question that I have is am I obligated to sign the document? Up to now I have ignored them. I am not interested in trying to assert any rights over the invention, but I have no motivation to sign the document. I also believe that the document is fraudulent (if that is the right term) as non-inventors have listed themselves as inventors on the patent (at least in my opinion)
2 Answers from Attorneys
You are obligated to assist in perfecting the patent docs for the employer. That's what you got paid for. If it is really 'false', then you need to discuss and resolve that issue; do not sign a fraudulent document yourself. Consult with local patent counsel if necessary, or request the employer provide you access to one.
Did you have an employment agreement with your employer? If so, it may specify your duties and obligations with respect to filing patent-related documents. If not, you may still have an implied duty. However you should not sign anything that is fraudulent. Consult with a patent attorney.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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