I'm an employee who will likely be severed in this or next wave of layoffs. I have been working for a few years on a new technology that I intend to patent very soon, but now I'm thinking of holding off on doing so for a few more months. If I get severed, I want to reap the riches that patent would bring to some other energy company.
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Don't be naive, Anon144373, if Chevron terminates me in these layoffs, I aim to be just like Chevron, I'll look after number 1. I won't share or give my patent to the company, even though I know the policy around here. I've been a loyal and hard worker for a Chevron, but if that's not going to matter and I get the shaft, well I'll do the same. Chevron will gain from my patented technology, but they will pay for the rights to use it, NOT TO OWN IT. I may get screwed once, but NOT TWICE. And what's more, I really don't care about your opinion.
So you want to use some of the experience and intellectual resources and knowledge that you gleaned while working at a private company for your own use in a patent and profit from it. That's called fraud and theft. It really doesn't matter what company it is or how much you hate them, or think that they "wronged" you in the big picture. CVX, XOM, Shell, COP, is besides the point. Good luck with your life of crime. Maybe we will watch about you on the show "American Greed".
Sorry, but you have it all wrong. Any patent filed during your tenure at Chevron will be Chevron intellectual property. IF they choose to reward you for it, well ...
Asking an internet message board for legal advice doesn't sound like the greatest idea. Just ask yourself, are you happy with your job, and if so, use your breakthrough technology to influence your position in the ROM. If you document it well, you basically have evidence (not proof, but close) that Chevron doesn't want stake in your technology if they do in fact lay you off. If they don't lay you off, you win as well - unless your ultimate intention was to sell the tech back to them, in which case I say good luck.
Just be up front and honest. Best policy ever.
Guys don't worry. Nothing to see here. He's just invented a dick sucking device. Chevron will have no interest. We already have a ton of those. They call themselves project managers.
Karma is a big guy named bubba up in Huntsville. He is going to be your new cell mate.
I appreciate your advise and that others have offered on this topic. I certainly wouldn't mind sharing part of the patent with Chevron, but if they lay me off, would you feel like you should. Honestly, I contributed most of the resources and all my intellectual capital. Because of the nature of this technological "patent-to-be", Chevron would likely want exclusivity to it because it would give it an enormous edge.
If you used Chevron resources then Chevron is technically entitled to a portion of the earnings from the patented technology. If the only resource used was the printer at work, you are probably in good shape. You definitely want to do this correctly though so I would absolutely talk to a patent attorney.
Thanks for trying to guess, but no. I cannot comment or give a clue. But, I believe this new technology will come back to benefit Chevron and the industry. It's my dilemma to patent it now or wait to see if I stay or lose my job. I really don't want to wait too long to move on this. I think I will consult a good patent attorney about the timing and whether I can claim ownership exclusively.
Let me guess, it's a carberator that will get 100 mpg...
Yes, If I'm severed through a layoff, will consult an attorney about my legal options of how to file this patent. I generated the thread only to explore if anyone out there knew if there is a statute of limitations for Chevron to come after me or if anyone had a similar experience. I thought there had to be a 2-year separation from the company before someone could file a patent for themselves.
If you believe this is yours, you need to consult with a lawyer who specializes in patent law before you do anything.
I'm aware of the hurdles to keep this patent to myself. This will be a breakthrough technology not being used anywhere. It took me a few years of research and much personal time and money. I haven't shared this or collaborated time with any co-workers. My training and some Chevron resources were used, of course, but I feel this patent is principally my own creation. Is there a length of time to wait before all bets are off for Chevron to make a claim or should I setup a shell corporation or family member to own the patent?
Is This new technology being used by Chevron today? If so, it may be tough to claim ownership. Every document concerning the new technology that you used chevron resources to produce is admissible. Chevron has their own group who both applies for, and enforces patents.
The burden of proof will be on you to prove that this technology was developed independently by you alone
Anon143045, I am the OP. Thanks for your comment. Yes, I used Chevron resources to develop the technology, but I also put in my own independent time and money. I'm sure Chevron will make a claim to my patent, but I think if they terminate me, they shouldn't profit from it either. Is there a period of time that must go by before I file this patent? I've not heard of one and I'm afraid to inquire within Chevron to not attract attention.
I can just see you on the stand in court. And the lawyer says "Would you please read this post for the court?" Smart enough for a patent but not smart enough to see that one coming. Hmmmm.
In the course of Discovering this new technology, did you use company resources such as computer, software, phones, or company time? If so, it doesn't belong to you, and you will get sued, and Chevron will win.
If you used Chevron resources, what you are doing is not only unethical, but illegal
Don't do that. Cvx can go after you for stealing confidential information. Then you would get screwed twice.
Wait a year until after you leave. You will end up in a lawsuit otherwise.
Did you discover a new way to wipe your ass? Pls share!