Is this a fair deal ??

[IGP]

If it was me at this point, I would say the following:

"You developed this on the company time and the company dime and now you are asking for more each time? This shit just isn't right. I am going to hire an attorney to get some legal advice and I will get back with you on how I want to proceed."

And I would do just that. Find out where you stand legally, because in the end that's where your leverage is.

 

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[JMBgroup]

You still never answered my original question, which is at the crux of all this:

Who or what owns the IP surrounding the patent?

Hopefully this is covered in prior agreements or your company's Operating Agreement.

Without knowing that, it's impossible to recommend reasonable next steps...

Just found out yesterday only his name is on the Patent. \However there are paper trails of evidence and witnesses that this was done with company resources. There is also no agreement in place between us that requires the company to own thr invention. However if he did use company resources the correct thing to do was to put his name on the patent as the inventor and the companies name on the application

 

[OldFaithful]

Just found out yesterday only his name is on the Patent. \However there are paper trails of evidence and witnesses that this was done with company resources. There is also no agreement in place between us that requires the company to own thr invention. However if he did use company resources the correct thing to do was to put his name on the patent as the inventor and the companies name on the application

It's been my experience with patents that while in a company's employ, anything you create & want to patent will be owned by the company...if it is at all related to the employer's industry. That paper trail you mention is important. It's common knowledge amongst engineers that if you have an idea you want to patent yourself, you can not develop it while employed in the industry...even if the development is done on your own time. Don't even make a sketch! Now this may be related to my industry, or my specific employers, but my understanding was that this is the common practice of patent lawyers??? I could be wrong though. You definitely need to get a good lawyer ASAP!!!

 

[devine]

Just found out yesterday only his name is on the Patent. \However there are paper trails of evidence and witnesses that this was done with company resources. There is also no agreement in place between us that requires the company to own thr invention. However if he did use company resources the correct thing to do was to put his name on the patent as the inventor and the companies name on the application

Search for precedents when this kind of input has played a role in patent owner reconsideration.
Currently you have very weak chances to turn the tide, you dramatically overestimate your role and you will have trouble time changing things to work for you.

 

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