How do you sue / torpedo your ex-employer's IP after you have left a startup? | Better HN

How do you sue / torpedo your ex-employer's IP after you have left a startup? | Better HN

16 comments

thinkingemote7y ago

Most employment contracts state that what you make during work time belongs to them. Read what you signed then get a lawyer.

Any retribution will be illegal and may find yourself in hot water.

randomly123OP7y ago

I was on a consultant contract as a manager. Retribution - no - wrongfully obtaining a patent.

https://www.bananaip.com/ip-news-center/patent-opposition-sy...

Pre-grant opposition can be made on the grounds listed under section 25(1) (a) to (k) of the Patent Amendment Act, 2005:

    Wrongfully obtaining the invention
    anticipation by prior publication
    anticipation by prior date, Prior claiming in India
    Prior public knowledge or public use in India
    Obviousness and lack of inventive step
    non patentable subject matter
    insufficiency of description of the invention
    non-disclosure of information as per the requirement or providing materially false information by an applicant
    Patent application not filed within 12 months of filing the first application in a convention country
    nondisclosure/ wrong mention of source of biological material
    Invention anticipated with regard to traditional knowledge of any community, anywhere in the world.

thinkingemote7y ago

Then you need to look over your contract. Often contractors also have no IP rights. You do have a copy of the contract you signed right? What does it say?

Also taking the law into your own hands is not good advice no matter how aggrieved you feel. Seek actual legal advice.

gesman7y ago

Did they promised you something and didn't deliver?

OR

You think you deserve to get something from someone else and didn't get what you wanted?

These are two different things. If it is latter - move on and succeed elsewhere.

randomly123OP7y ago

Latter.

Zelmor7y ago

Well you got paid for your 8 hours, didn't you? There, welcome to being an employee.

Publish an anonymous blog detailing everything and then send the details out to all the news sources you can find?

randomly123OP7y ago

I can oppose the patent at the patent office and document all the bullshit in the filing. Then anyone who looks at the IP will also see the bullshit involved in the process and walk away from the IP

randomly123OP7y ago

This dude that runs the firm is my uncle too. Documenting the Bullshit has the following implications - 1. The rest of the employees know what the fuck is going on 2. The investors knowing what is going on 3. The patent office seeing what the hell is going on and fucking up all their IP.

pizza7y ago

Before anything else: lawyer up

throwaway11777y ago

What about competitors ? If this is important enough for a patent filing, there may be competitors to your ex-firm interested in your skills and expertise. Have you considered that angle ?

randomly123OP7y ago

I can create a firm of my own to do the same work. But I feel I can funded better in the field of Lithium Ion batteries, so I think I should probably file IP of my old patents, and then sell them Or, I should sue my older firm for equity / money / IP and then put the winnings in my new firm.

randomly123OP7y ago

My skills at the art are not the best in the world. My B.S and M.S are in one field and this invention is in another field.

I can choose to file IP in the same field and seek funding. Or Just destroy the old firms IP. In India there is something called pre grant opposition.

randomly123OP7y ago

Country - India

jxr0067y ago

good luck. your forgetting companies can destroy you.

If you have one great idea, you'll generate more.. keep moving on. Or you'll spend 1000's to get nothing.

randomly123OP7y ago

They can do ex-employee litigation which means that they can sue me for doing the same thing outside of the place of work.

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