Asked in Copyright and Intellectual Property

Q: I am the author of the patent 20240212181. It was sent by my ex-employer without my permission. What should I do?

It was submitted without my permission after I left the company.

2 Lawyer Answers
Alan Harrison
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A: You could refuse to sign the inventor's declaration. This might be contrary to your previous employment agreement. It is an option but it could make trouble for you. It also might be a way to exact some extra money from your ex-employer. Good luck.

James L. Arrasmith
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A: If your ex-employer submitted a patent in your name without your permission, it's important to address this immediately. You should begin by reviewing your employment agreement to understand your rights regarding intellectual property. Often, companies have clauses related to inventions made during employment, but if the patent was filed after you left, you may have grounds to challenge it.

You can start by contacting the U.S. Patent and Trademark Office (USPTO) to inquire about the status of the patent and to notify them of your concerns. Request that any further action on the patent be paused until the issue is resolved. This will help prevent the patent from moving forward without your consent.

It’s also a good idea to consult with an attorney who can guide you through the process of asserting your rights and potentially contesting the patent filing.

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