While working for a major US company headquartered in California (but registered in Delaware), I was the named first inventor of a patent application. I quit the company in 2014 to pursue a full time PhD outside the US (present status).
Recently, I learnt that the patent application was successful and notice of allowance was mailed out by USPTO on Jan 17, 2017. There is a non-negotiable 3 month deadline to pay the issue fees of $960, i.e on or before April 16, 2017.
Unfortunately, due to their present business strategy, my ex-employer decided not to go ahead with this application, and instead chose to abandon this.
Despite contacting the company and offering to pay the issue fees myself, the company flatly declined this opportunity. They also refused to reassign the patent back to the inventors (me and my manager, who is currently with the company).
Thus, my chance to take forward the application has been blocked by my employer and there is no reasonable chance of getting the patent granted for this invention.
In the original question that I posted here, I was suggested to look whether the employer is obligated to give a reasonable chance to the inventor to take it forward in their personal capacity before abandoning. Apparently, some states have this provision.
I am wondering if either the states of CA or DE have this provision. Which one should I consult? Where can I find an official online resource about this? I currently study full time PhD outside the US and I am not a US citizen or resident alien.