Asked in Patents (Intellectual Property)

Q: I have to assign a Patent to my old Enterprise. Do they have to pay for This to me?

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Chapel Hill, NC

A: This is actually not a patent law question but rather one of contract and state law. It is not easily answered without knowing what agreements you had with your prior employer.

The answer may be different if you were a 1099 employee or a person not expected to invent things as part of your work like a receptionist.

If you were hired to help create or improve existing products, then it is likely that part of what you were paid for was a duty to assign your rights to any intellectual property over to your employer.

You need to gather up whatever signed agreements or company handbooks you have and consult with a patent attorney or skilled employment lawyer in your state that can help sort this out.

Even if you are not under a duty to assign because of your job status, there may be a shops rights issue if you used resources that belonged to your employer.

I hope this helps.

Kevin E Flynn

Tim Akpinar agrees with this answer

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