Patent rights dispute in Washington What happened next

Have you ever been confused by a complex employment agreement in Washington, feeling unsure about your rights? You’re not alone; many face this issue, but understanding the law is crucial. This article will discuss a key court case to demonstrate how legal precedents can guide you in resolving patent assignment conflicts.

Case Situation

Specific Circumstances

In Washington, there was a legal conflict between Waterjet Technology, Inc., a company known for its high-pressure waterjet technology, and one of its former employees, Mr. C. Waterjet required its employees to sign agreements assigning any inventions developed during their employment to the company. Mr. C., while working at Waterjet, was part of a team that created a patented invention. However, Mr. C. did not assign his patent rights to Waterjet, unlike his coworkers, leading to a legal battle.

Judgment Outcome

The court ruled in favor of Waterjet Technology, Inc., stating that the agreement Mr. C. signed provided enough notice as per Washington law. The court’s decision (Washington No. 68500-2) required Mr. C. to assign his patent rights to Waterjet because the invention was related to the company’s business.

Solution

Immediate Actions to Take

If you find yourself in a similar situation, the first step is to review your employment agreement carefully. Look for any clauses about intellectual property and patent assignments. If you’re unsure about the terms, consult with a lawyer who specializes in employment or patent law. They can help you understand your rights and obligations under the agreement.

Filing and Submitting a Complaint

To formally challenge or defend against a patent assignment issue, you might need to file a lawsuit. Prepare a detailed complaint outlining your position and the specific clauses of the agreement you believe are being misapplied. Submitting the complaint involves filing it with the appropriate court in your jurisdiction. Ensure you meet all filing deadlines and procedural requirements to avoid any dismissal of your case.

Negotiation and Settlement Strategies

Before escalating to a courtroom battle, consider negotiation or mediation. This can be a less adversarial and more cost-effective way to resolve disputes. During negotiations, focus on mutual interests rather than entrenched positions. Both parties can benefit from a compromise that respects the inventor’s contributions while acknowledging the employer’s rights. In mediation, a neutral third party can facilitate discussions to help reach a settlement.

FAQ

What is RCW?

RCW stands for Revised Code of Washington. It is the collection of all permanent laws in Washington state.

Why is notice important in patent assignments?

Notice is crucial because it ensures transparency. Employees need to be informed about which inventions are covered under the assignment agreement, as per RCW 49.44.140(3). This prevents any surprise claims by employers on inventions developed independently.

What does “void” mean in legal terms?

“Void” means that a contract or a specific provision in it is unenforceable and has no legal effect. It’s as if the voided part never existed in the agreement.

What is an assignment in intellectual property?

An assignment is the transfer of rights, title, and interest in an invention or a patent from the inventor (usually an employee) to another party (like an employer).

Who was involved in the case?

The case involved Waterjet Technology, Inc., Mr. C., and indirectly, the company Flow International. Mr. C. was a former employee of Waterjet, and the dispute centered around patent rights related to inventions developed during his employment.

What does RCW 49.44.140 regulate?

RCW 49.44.140 governs the assignment of employee inventions to employers in Washington. It outlines when such assignments are valid or invalid, focusing on inventions developed independently by employees without using the employer’s resources.

Why did the court side with Waterjet Technology, Inc.?

The court concluded that the agreement Mr. C. signed provided adequate notice under the law. The invention was deemed directly related to Waterjet’s business, which justified the assignment of patent rights to the company under the agreement.

Who is Flow International?

Flow International was originally a part of Waterjet Technology, Inc. It later became a separate entity, involved in the legal dispute over patent rights related to the high-pressure waterjet technology.

What business is Waterjet involved in?

Waterjet Technology, Inc. specializes in developing high-pressure and abrasive waterjet technology used for cutting, drilling, and milling applications.