K
koigal
Guest
Recently I lived in Idaho and worked for a large corporation. During my employment the company ran (and still runs) a formal program to encourage engineers to patent their ideas. These patents are, by employment contract, property of the company.
As part of the incentive program the employer promised a small sum of money for each patent application (on their receipt of the internal company patent disclosure paperwork), and a larger sum of money for each application that they decided to go ahead and go through the patenting process (once all the formal paperwork was completed). The money was promised as compensation for having to spend the extra time working with the legal team in order to get the patent paperwork done (above and beyond one's normal duties).
A month before I was to take another job in another company, I worked with the legal team to tie up any loose ends on my part with respect to these patents. I had nearly 10 such ideas in the works at that time. They did not pay me (nor anyone else) for the initial paperwork applications at that time because they said they were putting in a new automated pay system that would take a few weeks to put into place, but should be done before I left their employment. This didn't happen.
After I left their employment (on good terms), I was contacted by their legal team and asked to sign some formal patent applications that they had just completed work on. I did and returned them.
Later I inquired about receiving payment for these patents per their incentive program and reminded them that I had not received payment for the patents started while I was in their employment, despite their assurances that I would. They again promised me that they would pay me.
Again, no payment. Now there have been 2 more contacts from them asking me to sign more patent paperwork prior to their formal submission to the us patent office. I signed one more and returned it. And again got promises that I would be paid for all of the work. I have documentation in the form of e-mails from them stating that I would soon be paid.
Today they contacted me for another signature. It is over 6 months since I left the company and nearly a year since I submitted the original interal paperwork on these patent disclosures. They are fedexing me the package now. Here are my questions:
1) the sum of money owed to me for these patent submissions that I completed while in their employment is around 8000$. This to me is not an insignificant amount of money. I would like to collect on it. It also appears to me that when they want me to sign a new patent application with the us govt. they make a lot of promises about getting me a check, but they don't ever come through once I sign. Should I hold off on signing this current patent application and "hold it hostage" for the check? Is this really leverage or could they submit this work without my signature?
2) is this the type of situation that would warrant legal action on my part? If so, what type? small claims court? hire an attorney? etc. There will be other engineers like myself who are in this same situation. We know that the items being patented are property of the company and have no issue with that. We just want the money promised to us by our former employer.
3) if this is the type of situation that calls for some sort of legal action, do I hire someone where I now live (texas) or back in Idaho? And what types of lawyer would I need to be looking for?
I've never sued anyone for anything, but I dislike that they are not keeping their promises. And of course, I would like to get my money. What advice to you have for me?
Thanks!
As part of the incentive program the employer promised a small sum of money for each patent application (on their receipt of the internal company patent disclosure paperwork), and a larger sum of money for each application that they decided to go ahead and go through the patenting process (once all the formal paperwork was completed). The money was promised as compensation for having to spend the extra time working with the legal team in order to get the patent paperwork done (above and beyond one's normal duties).
A month before I was to take another job in another company, I worked with the legal team to tie up any loose ends on my part with respect to these patents. I had nearly 10 such ideas in the works at that time. They did not pay me (nor anyone else) for the initial paperwork applications at that time because they said they were putting in a new automated pay system that would take a few weeks to put into place, but should be done before I left their employment. This didn't happen.
After I left their employment (on good terms), I was contacted by their legal team and asked to sign some formal patent applications that they had just completed work on. I did and returned them.
Later I inquired about receiving payment for these patents per their incentive program and reminded them that I had not received payment for the patents started while I was in their employment, despite their assurances that I would. They again promised me that they would pay me.
Again, no payment. Now there have been 2 more contacts from them asking me to sign more patent paperwork prior to their formal submission to the us patent office. I signed one more and returned it. And again got promises that I would be paid for all of the work. I have documentation in the form of e-mails from them stating that I would soon be paid.
Today they contacted me for another signature. It is over 6 months since I left the company and nearly a year since I submitted the original interal paperwork on these patent disclosures. They are fedexing me the package now. Here are my questions:
1) the sum of money owed to me for these patent submissions that I completed while in their employment is around 8000$. This to me is not an insignificant amount of money. I would like to collect on it. It also appears to me that when they want me to sign a new patent application with the us govt. they make a lot of promises about getting me a check, but they don't ever come through once I sign. Should I hold off on signing this current patent application and "hold it hostage" for the check? Is this really leverage or could they submit this work without my signature?
2) is this the type of situation that would warrant legal action on my part? If so, what type? small claims court? hire an attorney? etc. There will be other engineers like myself who are in this same situation. We know that the items being patented are property of the company and have no issue with that. We just want the money promised to us by our former employer.
3) if this is the type of situation that calls for some sort of legal action, do I hire someone where I now live (texas) or back in Idaho? And what types of lawyer would I need to be looking for?
I've never sued anyone for anything, but I dislike that they are not keeping their promises. And of course, I would like to get my money. What advice to you have for me?
Thanks!