Laid off, company put my name on an incorrect patent without permission

Question

I was recently laid off by my company while still in the process of working on a patent application. There was an initial rough draft that was created by the patent counsel based on my verbal description. The rough draft had factual errors and used low quality MS-Paint drawings that I created solely for the sake of explaining the concept. As far as I can tell, they're moving ahead with filing the patent in its current state, and I'm listed as the sole inventor.Before I was laid off, I told them that it needs editing, but they went ahead and filed it anyway.I'm really concerned about how this is going to impact my professional reputation. I haven't signed the severance agreement with the release of claims clause yet, but time is running out.What should I do here? Also, for context this is an Idaho company, but I've been splitting my time between Washington and Idaho.

Kon-Peki · Accepted Answer

Enjoy it!If the patent gets granted, any negatives that you point out will be blamed on the patent prosecution firm. That's their job ;)If the patent ever ends up in a lawsuit, you'll get a second severance! Any law firm worth anything will flag you as someone that needs to be hired as a temporary consultant - paid for out of the legal budget. Because you'll be sitting for a deposition at the very minimum, and you will have ample opportunity to throw shade on the value of the patent. And they don't want that to happen...

cebert · Answer

I would seek professional advice on this one. Before signing any severance agreement with a release of claims clause, it's important to carefully review the terms and consult with a legal professional. If you have any doubts or concerns about the agreement, it's best to seek legal advice to ensure that your rights and interests are protected.
As for the patent application, if you believe that there are factual errors and low-quality drawings that could impact the application's success or enforceability, it may be worthwhile to consult with a patent attorney to explore your options. They may be able to help you understand the potential risks and suggest strategies to address the situation.
Additionally, if you haven't already done so, it may be worthwhile to communicate your concerns to the company in writing. This could include an email or letter outlining your concerns regarding the rough draft and explaining the potential consequences of filing the patent application in its current state. This documentation may be useful in the event of any future disputes or legal actions.

2rsf · Answer

We are missing a lot of context, but I doubt something like that would impact your reputation.Most patents I have seen were shitty ideas and I rarely heard about people actually reading into candidates patents.

nivertech · Answer

The quality of the initial submission doesn't matter.
You must to submit something before talking or showing your product in public. This apply even to patents used in the hidden parts of a product like a backend, when you only demoing a front-end.
I heard stories of conference speakers submitting their powerpoint presentations, before presenting in the conference.

logicalmonster · Answer

You might be overthinking things. To me, it's hard to see how even a low-quality patent application would harm your reputation. But if you're that embarrassed by it, don't even list it on your resume.

op00to · Answer

Can you imagine specifically what professional reputational harm you'd incur? Can you specifically list it out, and try to associate a dollar amount, or even just a 1-10 "good to bad" ranking?

patenthero · Answer

You make it sound like owning a patent is some kind of heroic thing that people will pay attention to. No one's even going to read it. Move on.

peyton · Answer

Sounds low ROI to worry about release of claims. Can you prove damages? I&rsquo;d talk to a lawyer or move on. Everyone knows patent lawyers write patents.

Laid off, company put my name on an incorrect patent without permission

We are missing a lot of context, but I doubt something like that would impact your reputation.
Most patents I have seen were shitty ideas and I rarely heard about people actually reading into candidates patents.

You might be overthinking things. To me, it's hard to see how even a low-quality patent application would harm your reputation. But if you're that embarrassed by it, don't even list it on your resume.

Can you imagine specifically what professional reputational harm you'd incur? Can you specifically list it out, and try to associate a dollar amount, or even just a 1-10 "good to bad" ranking?

You make it sound like owning a patent is some kind of heroic thing that people will pay attention to. No one's even going to read it. Move on.

Sounds low ROI to worry about release of claims. Can you prove damages? I’d talk to a lawyer or move on. Everyone knows patent lawyers write patents.