Q: I have to assign a Patent to my old Enterprise. Do they have to pay for This to me?
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.