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Comment by phkahler

6 years ago

$5K is large for a US company IMHO, but I don't work in CA. It's still a tiny incentive and peanuts compared to how much the lawyer and the PTO get paid for your patent. You know why they pay you? Two reasons. One is as an incentive - people get all excited about little 1K bonuses. The other is that they are effectively "buying" your idea. That whole bit about the assignee? Yeah, no. In the US, the inventor is legally the "owner" of the patent (IANAL so wording...). They have to give you something in return for it. The monetary award and the associated documentation is to prove you made a fair exchange.

My understanding (again IANAL) is that even if you sign documents with your company agreeing that they own all your innovation while employed, you are still legally the assignee for your patents. If you run off and patent something while employed and don't sign over a patent they want, you will be in breach of whatever contract/document you signed, but until any conflict is resolved it's not their patent until you assign it to them.

Accepting the "patent bonus" is a way of having you confirm the transfer of your IP to them. It legally finalizes the deal you made when you hired in and signed that bullshit IP document. From their side it's a tiny price to pay for that.

I'm sure a real lawyer can iron out the details I didn't get right in the above.

Well, the first bonus was large. I think the idea was to give you an incentive to try it, and get you used to the system. After that, the benefits decreased. I think that after several patents, the bonus dwindled to (almost) nothing.