Legal Question in Intellectual Property in California
Patent filed by former employer
A former employer of mine wants to patent some work I had done there. They have given me written notice of this and asked me to review the patent application. Unfortunately, they listed my name last on the application where I could clearly show I should be the primary inventor (i.e. listed first). If they refuse to change the order of names, do I have any recourse? (I haven't asked yet)
Also, what sort of legal documents do I need to protect my rights with respect to this (and possibly) other patents filed by my former employer?
3 Answers from Attorneys
Re: Patent filed by former employer
It is not uncommon that employers own all rights to their employees' inventions. Sometimes this is disclosed in an employee manual or in an employment agreement. The employer may also have the right to file its patent application without your approval.
If you are concerned about this, especially if you feel you are owed additional compensation, I strongly suggest that you consult a patent and/or employment attorney.
Re: Patent filed by former employer
Its all dependent on your contractual relation with the employer.
D. Alexander Floum is an experienced intellectual property attorney and teaches IP law to practicing lawyers and law school students.
Re: Patent filed by former employer
Lot of times in employment contracts....it explicitly deals with IP rights....I need to look at your employment contracts...or any other contracts ...you have signed with them related to this invention. Feel free to contact me ...if you need help ...I am in Southern Cal.
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