Patent filed by the company for your invention.

[another_one]

What is the name of your state? CA
I am no longer working for the company, they are now filing for a patent for the software I am written. I am listed along with 4 other people who had not contributed anything. The company asks me to review an application, correct mistakes and sign. There are a lot of mistakes, it will take me a long time to correct them, but I am not being paid at all for this patent.
What are my rights? If I refuse to sign, the company will just take my name out, can they do that?

 

[hexeliebe]

let me get this straight. You worked for this company when the application was created right? If so, here are your patent rights: NONE!

Anything you created while in the employ of another is considered 'work product' and owned by the entity for which you were working.

And yes, they can take your name out. After all, they own the software, not you.

 

[another_one]

Thanks. That's what I thought. Then why did they even bothered sending the application for me to sign?
Frankly, I have some doubts they can defend it without me.
So what is at stake here - just my name on a patent?

 

[hexeliebe]

They are doing it as a courtesy and because most times when a patent is filed the designers are listed so that in the event of a lawsuit in the future, the actual design process can be traced and proven.

 

[another_one]

And what does it do for my "co-authors"?
Oops, right. $1000 each. Nevermind.
So - would you recommend I just shut up and sign? After all, the company already applied for co-patents without my name...

 

[hexeliebe]

It depends on if you want your name on the patent so that the next job interview you have you can list the reference or not?

I think you already know the answer to that one.

 

[another_one]

yeah..
But here is another one for you - in my current company it is suggested that we apply for another patent for something I wrote. Now, I do not want to do that - because it will mean that I will not be able to use this idea again if I leave, right? So - when I leave, they can apply for the patent without me? Just like my old company did.
There is something I do not quite get - the patent is issued to a name. Granted, the rights belong to the company - but the patent is in a person's name. Is there a law that governs such things - when somebody else uses what you did?

 

[hexeliebe]

If you keep having these issues you need to speak with a patent attorney. If you are still getting paid for your work it is still work product. Period

 

[another_one]

I understand who is the owner of what I do while being paid for what I do.
I curious about who's name is being attached to it. You do know that the patent is issued to a person, not a company, right? It's just that the company gets royalties.
But I quess I already bored you with this.
Thanks for you advice.

 

[divgradcurl]

As hexeliebe correctly points out, the invention is a work product, so it belongs to the company. You are right in that a patent is granted to a person or persons -- the inventors -- but the rights under the patent are typically automatically assigned to the company.

What are my rights? If I refuse to sign, the company will just take my name out, can they do that?

You really don't have any rights -- anything you invent on company time gets assigned to the company, period. When you assign the rights, you assign ALL of the rights, so you have nothing left except the knowledge that there is a patent in your name. You can order a plaque to hang up in your office if you want (I did that with mine...).

If you refuse to sign, the company can file to have your name removed from the patent. It's not cheap for the company to do this -- they have to pay a lawyer or patent agent to file a petition and pay a fee -- but it's cheaper than dealing with an uncooperative inventor. As long as the company makes a good faith effort to get you to sign, and then files a petition and fee, they can remove an inventor's name from the patent.

Simply put, you have no rights to the invention, and no leverage to get the company to pay you or do anything other than they are already doing.

Now, I do not want to do that - because it will mean that I will not be able to use this idea again if I leave, right? So - when I leave, they can apply for the patent without me?

See both things above. First off, if you invented something on company time, it belongs to the company, not you, even if you leave the company before the company files for the invention.

If you are difficult, the company can use the same petition to remove your name as above.

Remember, an invention consists of two steps -- conception, then reduction to practice. If you conceive an invention, and someone else reduces the invention to practice (builds it, for example), then you are both inventors. If you leave the company and become difficult, then presto -- they'll remove your name and the other guy will be sole inventor.

I'm not sure why you are being so stubborn. Just sign the paperwork. Let them correct the errors -- its not like you'll be held liable or anything if the errors don't get corrected. If the patent eventually issues, you can always call yourself an inventor...

 

[another_one]

Thereare two reasons why I am"beingdifficult"-1) Thereare nameson patent ofpeoplewhodid NOTHING,and 2)since
they do not even UNDERSTAND my idea the application is full of errors.
And I was trying to decide what to do.
But-I have signed it now.

Thank you for your advice.