How to contribute intellectual property to a client's patent idea

[westllj]

I have a client who has a great idea for a device. I am providing CAD support to capture the idea for her patent app. I signed an NDA with her. I have an idea that would contribute to the function of the device. I want to share it with her but feel my name should be added to the patent, if anything I contribute is used.. I mentioned this to her and she seems willing to add my name to the patent. Is there a legal contract or form available saying my name will be added to the patent? Can I just create my own doc and would it be legal if we both signed it? I was not hired to collaborate just capture the idea in CAD for patent app but I want patent credit for my idea (not necessarily monitary credit). Advice?

[prestonhunter]

Lorraine:
I hope that you find the answers you are looking for.

I have no advice for you, other than to point out that you posted this question in the Upwork Community Forum, but this is not in any way an Upwork question.

I can assure you that Upwork does not provide forms such as you are looking for, and Upwork' ToS does not directly address the questions you are asking about. Obviously you already know that Upwork Customer Support can not answer your questions. Maybe some other Forum participants will offer ideas. But you may not get the help you need unless you consult with experts.

[petra_r]

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Lorraine W wrote:

 I mentioned this to her and she seems willing to add my name to the patent. Is there a legal contract or form available saying my name will be added to the patent? Can I just create my own doc and would it be legal if we both signed it? 

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Any agreement in whatever form is only worth your ability to enforce it.

In other words: If the client agrees to name you and then doesn't, will you be willing and able to throw a bunch of money at lawyers to sue her? 

If not, you likely don't need any particularly fancy agreement.

[westllj]

Makes sense. Thanks.

[wlyonsatl]

This is a question for a patent lawyer, Lorraine.

Any large law firm should have the expertise in-house, or know where to get the advice you need.

And an agreement between you and the client drawn up by a qualified lawyer is absolutely necessary.

[shivanandkaurav]

Hi Lorraine, Although, its too late to answer, as you posted 2 years back. But still, for knowledge I would suggest, if anyone discloses their novel idea to someone, they should ask the other person to sign NDA.
The other option, if you fail to get an NDA signed, would be to post your idea publicly (on social media) because inventors get 1 year grace period to patent their invention even after disclosing it publically on their own name.
So if you disclose your idea, it will be a prior art for others, but not for you, at least for 1 year. In that way your client will not have any other option but to make you a co inventor.