Legal Question in Intellectual Property in California

Obligated to sign Patent Request?

I left a job about 7 months ago. My employer has contacted me stating that I must sign a patent request that they have submitted, based on one of my ideas. Am I obligated to sign it?

Thanks.


Asked on 12/12/06, 6:24 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Obligated to sign Patent Request?

Possibly.....but what do you (or they) mean by a "patent request?" A patent application? Or some kind of release?

I suggest you review your employment contract and employee policy manual from the prior employment and see what their employees obligated themselves to do, or not to do, while employed and upon leaving employment. Then, I'd consider getting a copy of what they want you to sign and a letter explaining why you are obligated to sign it.

You very well may be, but if after reviewing all of the foregoing you still have doubts, I'd ask for a consultation with an employment-law specialist or an intellectual-property attorney in your home town. Choose one or the other based upon your hunch as to which area of specialization is more likely implicated. I'm guessing this turns out to be an employment law issue, on balance.

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Answered on 12/12/06, 8:33 pm
Joshua Hale Hale Law Group

Re: Obligated to sign Patent Request?

The question here is whether the "idea" you had was what is know as "work for hire", which depends highly on the particular circumstances. I would be happy to talk to you about this issue. My office charges reasonable rates.

Joshua Hale

619.866.3535

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Answered on 12/12/06, 9:13 pm


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