Legal Question in Business Law in Illinois

Patents

I was listed as an inventor on a patent in 1991 along with two other people. The system that was patented has made millions of dollars for my former company (I left that company in 1992). A few years ago I realized that I had never received a copy of any legal papers I signed back in 1991. I was able to obtain a copy of the patent; however, when I wrote the lawyer involved he told me that since he does not represent me, I would need to get my own attorney and request it, or contact the patent office. The patent office does not keep papers such as these, and at that time we did not have the money to hire an attorney so I just dropped it. I don't know what I signed back in 1991, but I feel I have a right to a copy of it. Actually, I should have received this at the time we secured the patent. I never received a dime from my former company for my part in the patent of the system. Is it too late for me to pursue this & try to get something out of my old company? Whether I signed my rights away or not, I feel I should have a copy in my file of any agreement made (or possibly not made).


Asked on 1/15/04, 4:40 pm

1 Answer from Attorneys
Justin Lampel Lampel & Associates, P.C.

Re: Patents

Chances are that your employment contract had a clause signing over intellectual property (ip) rights (including patents) to the company. These clauses are very common. Even if there was no ip clause, if the invention relates to what "it" is the company does, you made it on company time, with company tools, etc....you will almost surely be unsucessful in pursuing this matter. In addition, there are statute of limitations to bringing a claim which you will probably be in excess of. If all you want is the paper work regarding the patent, you can easily obtain this by calling the patent office at (800)786-9199 and ask for a complete copy of the file wrapper (it will cost around $50 for the paper and shipping). Look for an assignment in the file wrapper. Further, the patent (which you can view for free on www.uspto.gov) should have assignment information on it. **a copy of your employment contract will more likely have the information you are looking for than the file wrapper. not a detailed enough answer?? call me at (847)845-4345, Justin Lampel

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Answered on 1/15/04, 8:22 pm


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