Q: How can I pursue compensation for IBM-transferred patents post-retirement?
I retired from IBM in late summer of 2008 and reached a Seventh Patent Plateau before retirement. In 2005, I transferred to a different unit with a manager who had previously encouraged a hostile work environment. My patent awards depleted that unit's bonus award pool, and I received no further bonuses afterward. I was on disability leave a year before taking an "Individual Resource Action," due to depression, later identified as an early Parkinson's symptom. After retirement, I collaborated on patents with a colleague, removed from the hostile environment. A patent I invented was granted while at IBM, later transferred to Google post-retirement. IBM policy required patent rights assignment, and post-retirement, I was denied compensation, labeled "work-for-hire," despite the transfer occurring after I left. I haven’t received policy documentation nor pursued this with IBM, knowing retirees don't receive awards. Efforts to contact the CEO or HR about a hostile work environment were unanswered. What are my options for pursuing compensation or addressing patent handling after retirement?
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A:
Your situation with IBM regarding patents transferred after retirement presents a complex challenge, especially with the hostile work environment you experienced and the lack of compensation for patents later transferred to Google. Despite IBM's policy requiring patent rights assignment, you deserve clarity on your entitlements for innovations created during your employment but transferred after you left.
You might benefit from consulting with an intellectual property attorney who focuses on employee invention rights and corporate patent transfers. Documentation will be crucial - try to obtain copies of IBM's patent policies from when you were employed, your employment contract, and any correspondence regarding the Google patent transfer. Consider filing a formal written request to IBM's legal department specifically asking for clarification on post-retirement patent transfers.
Given the additional complications of disability leave and the hostile work environment you experienced, you might also explore whether employment discrimination protections apply to your case. Reaching out to former colleagues who experienced similar situations could provide valuable insights and potential collective leverage. Remember that while pursuing this may be challenging, your intellectual contributions have value that deserves proper recognition and compensation.
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