Ask Slashdot: Handling Patented IP In a Job Interview?

ZahrGnosis writes I'm in the midst of a rather lengthy job interview; something I haven't done for some time as I've worked as a contract employee with a much lower barrier to entry for years. Recently, I've started patenting some inventions that are applicable to my industry. One hope is that the patents look good to the prospective employer on a resume, but I don't want them to take the existing IP for granted as part of the deal. I'm worried I have the wrong attitude, however. My question is, how should I treat licensing of the patent as a topic with respect to the topic of my employment? Should I build the use of my patented ideas into my salary? Should I explicitly refuse to implement my patented IP for the company without a separate licensing fee? If I emphasize the patent during the interviews without the intent to give them the IP for free, is that an ethical lapse — a personal false advertising? At the same time, when I work for a company I feel they should get the benefit of my full expertise... am I holding back something I shouldn't by not granting a de-facto license while I work for them? I perceive a fine balance between being confrontational and helpful, while not wanting to jeopardize the job prospect nor restrict my ability to capitalize on my invention. Thoughts?

Comments

Create a LTD company

[Anonymous Coward]

Hi
Why don't you create a limited company, then you sell your patents to [your|the] company for an undisclosed sum and then pretend you had success in patenting and selling your patents.
You achieved two goals: You can put your legitimate patents in your CV and the patents are not part of the deal because they are now in the hands of a legal third party.
Cheers
Nicola

Consult a lawyer

[angel'o'sphere]

Obviously employment and patent licenses are two completely different things.

Bottom line you basically could lead your new employer into a situation where 'he' is infringing 'your' patent.

Obviously it could be opposite around.

I would not trust any /. advice, except: consult a competent IP/patent lawyer.

Re:IP is licensed separately.

[shrikel]

probably best not to mention any patents you are holding

Mod parent: -1 (Bad advice)

Frank, honest communication is one of the pillars of a lasting business relationship. Hiding things from your employer is only likely to cause more problems later when it comes out, with potential consequences ranging from a soured relationship with your boss all the way up to an expensive, bitter lawsuit. (Not to say you'd lose the suit, but I can certainly see it happening, and it's something you don't want to be involved in.)

Definitely bring it up, and definitely make separate arrangements for use of the IP. I would have that complement your salary rather than being a part of it. Not only is there the chance you might sell the IP elsewhere, but what happens when you leave? On either good terms or bad? As an employer, if I hire you, it's because I think you (and your knowledge / capabilities / skills) will be an asset to the company. I would not put myself in the position of bringing you on, becoming dependent (to any degree) on your IP, and then having you rip that out of my company when you leave.

Granted, on some level we employers EXPECT to become dependent on some level on our new hires' skills and abilities. But that particular person we hire does not have a monopoly on skill or ability, so if they get hit by a truck / leave / whatever, they can be replaced, though perhaps not easily.

With patents, you DO have a guaranteed monopoly on that particular benefit you can bring to the company. If you were applying to work for me, I would want to arrange -- perhaps parallel to your salary -- a separate licensing agreement for the IP. At the very least, I would require a perpetual (or at least renewable-at-my-option-under-original-terms), non-exclusive license to any IP that make their way into the business's core operations. I'm not saying I'd require that for free, but without the guarantee that bringing you on wasn't going to cripple me in the future, I would definitely not hire you at any price.

The simple fact that you were capable of developing the patented methods that I find important adds to your value as an employee, and therefore to the salary I'd be willing to pay.

Disclaimer: I consider myself a high-integrity businessperson, so I could be overlooking some way that a scoundrel would try to take advantage of you. Get a lawyer's advice on the contract. And don't apply to work for any scoundrels anyway, because that's just asking for trouble. ;)