Legal Question in Intellectual Property in California
Three years later the company asks for my signature...
I worked for a high-tech company about several years ago. During the time, As the chief inventor, I filed a patent on behalf of the company and my boss' name was also listed on the patent application. I resigned from the job two months after filing the patent application.
Three years passed, yesterday I receive an letter from a Notary on behalf of the company, asking me for my signature. I am hesitatant about giving the signature. This company is a very successful public company now but I never like it. The following is the letter except I used capital descriptions to replace the names and addresses:
ASSIGNMENT
For valuable consideration, we, (MY BOSS' NAME), of (MY BOSS' ADDRESS), (MY NAME) of (MY ADDRESS), hereby assign to (THE COMPANY'S NAME) Inc., a Delaware corporation having a place of business at: (THE COMPANY'S ADDRESS), and its successor and assigns(collectively hereinafter called ''the Assignee''), the entire right, title and interest through the world in the inventions and improvements ......
Can anyone kindly advise on this?
3 Answers from Attorneys
Re: Three years later the company asks for my signature...
This sounds like a standard assignment that the company forgot to have you sign while in their employ. It sounds like you filed a patent on an invention made while employed ny this company. If that's the case, then you have no monetary rights to the invention, because your compensation was the employment. I'd be happy to look at the assignment if you'd like. You can check out my our website at www.narangip.com if you'd like.
Re: Three years later the company asks for my signature...
Generally, employees must have a written contract with their employers that specifically provides ownership rights to the employee in any creation or invention that the employee makes for the company. If not, the creation/invention is considered a "work for hire" and ownership rests in the employer. For patent purposes, the application is always made in the name of the individual inventor. If the invention is a "work for hire," a second document--showing an assignment--must be filed with the Patent Office to establish ownership rights. Most employment contracts cover this. It seems your former employer has made an oversight in not getting your signature before you left. It does not necessarily mean that you have any claim to the patent. However, there could be some facts missing from your short message, and so a short consultation with an attorney is an excellent idea before you sign and return the document.
Re: Three years later the company asks for my signature...
Do not sign without receiving a proper value for your invention. You should retain an IP attorney and negotiate an amount.Take a look at my site at www.lawyers.com/amyghosh.
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