tag:blogger.com,1999:blog-10781944.post4730047096393976865..comments2024-03-17T21:38:11.530-07:00Comments on The Tree of Life: Wondering - can UC really force me to sign new patent agreement?Jonathan Eisenhttp://www.blogger.com/profile/07953790938128734305noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-10781944.post-27477261073078322832012-02-10T10:06:58.359-08:002012-02-10T10:06:58.359-08:00California is a work for hire state and no one can...California is a work for hire state and no one can limit your employment by contract after you have left their employment. I believe that there is specific period of time that a limitation of work can be held.clydenehttps://www.blogger.com/profile/15646286317769998666noreply@blogger.comtag:blogger.com,1999:blog-10781944.post-7605472166013968962011-12-02T11:33:30.958-08:002011-12-02T11:33:30.958-08:00They fired people who would not sign an intellectu...They fired people who would not sign an intellectual property amendment where I worked. It not only covered patents, but limited where they could work in the future.diogenes99https://www.blogger.com/profile/14872849504726973064noreply@blogger.comtag:blogger.com,1999:blog-10781944.post-74199883567370115902011-11-30T02:50:24.234-08:002011-11-30T02:50:24.234-08:00IANAL (and I'm going to speculate a bit) but I...IANAL (and I'm going to speculate a bit) but I don't think they can *make* you sign it. They can however argue that it makes you ineligible for new grants, transfer agreements, etc if you don't sign it, seeing as patent obligations might not be fulfilled (in light of that recent court case). <br /><br />Now if you think about it, this is all about reducing the university's liability and avoiding tough questions. If you receive a grant with patent obligations, and you later assign a related patent to an outside entity violating those obligations, then surely the grant authority could sue you personally for breach of contract. You still remain bound by the terms of your grant after all, even if the university is not necessarily the recipient of your patents.<br /><br />It looks like the amendment is harmless enough though. The patent declaration basically says "all your inventions belong to us". Standard as it goes.<br /><br />Anyway, without being an actual patent lawyer, it's hard to even understand the court's decision. Best bet if you really want to know is look up the judge's rationale and read it.Wimhttps://www.blogger.com/profile/15501002401077659274noreply@blogger.comtag:blogger.com,1999:blog-10781944.post-54814866750592676552011-11-29T19:25:04.850-08:002011-11-29T19:25:04.850-08:00I was wondering the same thing!I was wondering the same thing!Stevohttps://www.blogger.com/profile/08671111120803149177noreply@blogger.comtag:blogger.com,1999:blog-10781944.post-53857607612356759102011-11-29T17:10:55.506-08:002011-11-29T17:10:55.506-08:00I'd be very interested to know how enforceable...I'd be very interested to know how enforceable this is. I suspect it depends on what you signed when you first took the job. If you never signed the original, can you be forced to sign the amended version?Bill Hookerhttps://www.blogger.com/profile/00366270586730870964noreply@blogger.comtag:blogger.com,1999:blog-10781944.post-36987176126211194172011-11-29T13:07:15.506-08:002011-11-29T13:07:15.506-08:00My feeling is, "Tell you what, Bub. I'll ...My feeling is, "Tell you what, Bub. I'll sign your stupid little paper if you actually provide me with some goddamned support when I actually have something patentable."<br /><br />I gave up after the tech transfer people basically told me I had to do my own legal research.Russell Necheshttps://www.blogger.com/profile/00253304712038983943noreply@blogger.comtag:blogger.com,1999:blog-10781944.post-71601858309656776272011-11-29T13:05:24.520-08:002011-11-29T13:05:24.520-08:00I didn't sign anything like that for my office...I didn't sign anything like that for my office job. However, I have a volunteer job at the Craft Center and was forced to sign their previous version of this if I wanted to be allowed to work there. <br /><br />Where this gets kind of off is now they expect EVERYONE to sign this, whether or not you have any access to lab or research or even craft studio space. What the heck is that about?jenmoonhttps://www.blogger.com/profile/02647726303564119010noreply@blogger.com