Legal Question in Intellectual Property in California
Question regarding my patent
I got a patent while working for a biotech company in 1999 in california. There are a total of 4 people including the owner of the company. Two inventors have left the company while I am still employed. Total develpment cost for the patent was about 2 million dollars. Company has so far made 10 million dollars by selling products from this invention. Owner of the company is considering out sourcing these products. If this happens, I may be fired or layed off. My question is what are my legal right to obtain financial compensation if that happens. Thanks for your attention.
2 Answers from Attorneys
Re: Question regarding my patent
The sad truth is you may not have any redress if there is no contract in place concerning royalties on the patent. In situations like this, you must review entirely the employment contract. I also suggest that you speak with a labor law or employment attorney. If the company owns the patent, you might find yourself with no income after out-sourcing.
A bad faith claim might also be considered, but again, an employment attoney is your best option.
Re: Question regarding my patent
You need to have an attorney carefully assess your rights, to the patent and otherwise, and then negotiate a deal for you. Trying to do things on your own may mean giving up dollars to save dimes. You may contact my office to discuss.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
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