Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Site Notices
Posted: 4/21/2017 7:32:10 AM EST
This should go swimmingly.

Heres the info. A place I worked for had an incentive program for patents. Only written stipulation is you have to be employed when they filed, and when they were granted which I was.

If you came up with a patentable idea, that they file on, they'll bonus you $2000.
If it becomes a patent, they bonus you $3000 more.

I had 2 become patents, and we filed for a brand new one in November of last year... So $8000 due according to their policy. They never paid on it, and when you try to follow up on it they tell you to talk to one manager, who tells you to talk to another and so forth.

I left that company in January for a raise/ promotion/ and frankly because I was tired of the lack of clarity... But im curious. If you have a written policy, documentation that you completed all of their steps correctly, is there anything that could be done, or even worth doing to try to get the money?
Link Posted: 4/21/2017 7:44:43 AM EST
Better Call Saul
Link Posted: 4/21/2017 7:50:02 AM EST
My guess is that for 8 grand it won't be worth it. No promise of winning anything, and legal fees would eat most of the potential judgment anyway.
Link Posted: 4/21/2017 7:53:32 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Troutman84:
My guess is that for 8 grand it won't be worth it. No promise of winning anything, and legal fees would eat most of the potential judgment anyway.
View Quote
This is my thought as well, but figured someone here might have better knowledge of how those situations go
Link Posted: 4/21/2017 7:55:50 AM EST
[Last Edit: 4/21/2017 7:59:27 AM EST by M4ger]
It sounds a bit like where I worked previously, except there were vendors who would give something to the employee for selling their product.

The "management" decided that no employee would get paid from any vendor. I didn't know that was legal to tell the employee to not receive payment.
Link Posted: 4/21/2017 8:01:34 AM EST
[Last Edit: 4/21/2017 8:34:01 AM EST by MikeDeltaFoxtrot]
You should be able to recover if there is a written policy. You jurisdiction likely has some kind of lower court with simplified process and procedures for smallish claims. You should be able to bring the claim yourself. Alternatively, if they are using the technology documented in the patents, you might be able to gin up a more substantial claim. The theory would be that since you weren't paid for the patents, you own them. It would be a shake down type suit, but it would have some value, and they would likely settle. You might be able to skip the litigation by assigning your rights to a patent troll.
Link Posted: 4/21/2017 8:15:18 AM EST
2000 for idea, 3000 more for patent?
total of 5000 for patent?

2 patents filed (10k) plus 1 more idea (2k)

they owe you 12k per your post, not 8k
Link Posted: 4/21/2017 8:32:31 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Troutman84:
My guess is that for 8 grand it won't be worth it. No promise of winning anything, and legal fees would eat most of the potential judgment anyway.
View Quote
This.

Your retainer to your attorney would Far outweight the 8 grand. Unless you could add in and get punitive damages, would it be even worth it IMHO.
Link Posted: 4/21/2017 8:33:13 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By ShiftSix:


This is my thought as well, but figured someone here might have better knowledge of how those situations go
View Quote
In Florida you'd probably win fees and costs, which would pay the attorney for his time. This is more of a employment dispute than a patent infringement issue. I would call a labor law atty in your AO and get an opinion.
Link Posted: 4/21/2017 8:34:23 AM EST
[Last Edit: 4/21/2017 8:38:02 AM EST by ShiftSix]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Xepho:
2000 for idea, 3000 more for patent?
total of 5000 for patent?

2 patents filed (10k) plus 1 more idea (2k)

they owe you 12k per your post, not 8k
View Quote
Patents take about 3 or more years to go from Submitted/ pending to Granted. So years ago, they paid us on the $4000 when we filed for the first two. Fast forward 3 or so years, and the 2 that just went from pending to granted they never paid, add insult to injury we filed one brand new one at the same time for a completely new product, and they haven't paid on that either.
Top Top