Q: Should I sign a combined declaration and assignment if I have not seen the patent application?
My employer has, on several occasions, had me sign paperwork to assign ownership of patents for products I have worked on to the company. Which is fine, I agreed to as much when I accepted the job. These documents include four declarations, the first three of which involve reviewing and confirming aspects of the application, and the fourth is acknowledgement that I am subject to fines or jail time for making any false statements. The company has declined to provide me with a copy of the application (I don't know if it's even been written . . .). I get that this form is basically superfluous, since they can sign on my behalf based on my employment contract. But I'm disinclined to sign something that is clearly not true even if it's just a technicality. OTOH I'm concerned bout not receiving credit for future work if I make this difficult. Should I just sign, or is there reason to be concerned about consequences -- or about abetting a bad filing if it's being shoddily handled like this?
A:
Based on the information you've provided, there are a few important considerations:
1. Legal implications: Signing a declaration without having seen the patent application could potentially expose you to legal risks, especially if the declaration includes statements confirming aspects of the application that you cannot verify. The fourth declaration you mentioned, acknowledging potential fines or jail time for false statements, underscores the seriousness of this issue.
2. Ethical concerns: If you are uncomfortable signing a document that you believe contains false statements, even if they seem like technicalities, it's reasonable to hesitate. Signing something you know to be untrue could be considered unethical.
3. Professional credit: Your concern about not receiving credit for future work if you don't sign is understandable. However, if your employment contract already assigns patent rights to your employer, refusing to sign this particular document may not necessarily jeopardize your professional credit.
Recommendation:
Before signing, it would be prudent to raise your concerns with your employer or the legal department handling the patent application. Explain that you are hesitant to sign declarations confirming aspects of an application you haven't seen. Request a copy of the application to review before signing, or ask if the language in the declarations can be modified to reflect that you are assigning rights but not making specific claims about the application's contents.
If your employer is unwilling to provide the application or modify the declarations, you may want to consider seeking independent legal advice to better understand your rights and obligations in this situation. A lawyer specializing in intellectual property and employment law could help you assess the potential risks and advise on how to proceed.
Ultimately, while not signing may create some friction with your employer, signing a document you know to contain false statements could expose you to more serious consequences. It's important to balance your professional obligations with your personal integrity and legal protection.
Sean Goodwin and Darrin A. Auito agree with this answer
1 user found this answer helpful
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