To what extent I can talk about a patent to my future employer while protecting myself and my current employer?

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To what extent I can talk about a patent to my future employer while protecting myself and my current employer?

I have a question about patenting and disclosing some information. I have started filing a patent for my current employer. I am also planning to find a new job and as part of my expertise and part of my resume, I need to talk about my patent which basically illustrates my skill level. The patent filing has already started internally but it is not filed yet.

Asked on January 15, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You cannot disclose anything about the patent--any details of it whatsoever--since disclosing that could jeopardize the filing and expose you to liability (your employer could sue you for any losses or costs your disclosure causes them). You can say you are filing a patent; you could disclose the broad area (e.g. a patent for controlling factory automation; a way to improve drone navigation; a new type of insulation). But you can't say anything that the listener could use to figure out or anticipate what you are patenting or what its key features are.


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