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Generally speaking, it does not matter who the authors of a prior art document are. If a prior publication was made by the inventors applying for a patent themselves, it is generally just as novelty-destroying as somebody else's relevant publication. In some countries, notably the US, a "grace period" of 6-12 months exists, during which inventors may still ...


3

You are mixing a few things up there. Inventor != applicant: Inventor is the person that invented the invention, applicant is the person that applies for the patent and therefore is the owner of the patent (e.g. the employer). The compensation for the inventor has to be agreed upon between those two. In your case that would (probably) mean that the ...


2

The immediate document is an international application and it is not "valid", it is merely an application. This international application has spawned two "real" applications: DE102011013224 - In Germany, abandoned on 2015/10/01 EP2683373 - In the EPO, still being actively examined: https://register.epo.org/application?number=EP12708816&lng=en&tab=...


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Filing an updated Application Data Sheet should accomplish this. There is also a form called Request for Correction in a Patent Application Relating to Inventorship or an Inventor Name, or Order of Names, Other than in a Reissue Application (37 CFR 1.48). You might file this along with the new ADS to be sure your intent is clear. You mention "your client". ...


2

First step is to review their patent(s). If you had a patent, it is very unlikely they patented the same thing as your patent would be prior art. If they indeed have a patent, it is probably on a refinement and only the refinement has patent protection. If you know the company and supposed inventor's names it should be easy to do a search on Google Patents ...


2

I don't believe the USPTO issues plaques. At least they've never sent me one. However, there are several companies who do sell them. They are very efficient. Sometimes the way I've found out a patent has issued is from a the company trying to sell me a plaque. I was lucky in that my employer bought plaques for the inventors. Another option is to simply ...


1

In short: as long as they have a valid patent, they can do that. However, if what you say is true then you have a very good position for negotiation. I strongly advise you to contact a patent lawyer to assist you. If you cannot do that, answer the cease and desist letter with proof that you were selling the product before their patent. But note however ...


1

To answer you questions, if you are working for a company and invent something while being paid by the company, you do not own the invention and have no rights to use it yourself or sell it to anyone else. This is the standard agreement when working (at least in the US). It is true some companies provide additional incentives to inventors, but that doesn't ...


1

If you didn't patent it and, and the people producing the product didn't patent it, I'm not aware of any action you would be able to take. Patents are distinct from copyright, where the creator's rights are inherent even if they didn't formally copyright the IP, so long as they can prove authorship. (In the old days, before electronic filing, it was ...


1

Very interesting question. The European Rules would seem to mirror the US rules: Rule 19 Designation of the inventor Art. 62, 128 R. 21, 60, 163 (1) The request for grant of a European patent shall contain the designation of the inventor. However, if the applicant is not the inventor or is not the sole inventor, the designation shall be filed ...


1

I think the basic structure you present will work the way you want it to work. In the actual wording of your claim be careful to not mix actions and structures in one claim. EDIT There was an extended series of comments to this answer based on two different understandings of what you are trying to claim. As pointed out originally, you can't mix steps and ...


1

Patent protection is defined by claims, if your device is having all components of patented one then you will be infringing it. Now if patent is active in US then you cannot do said claimed activity in US. i doubt that personal use comes under bolar provisions. Even if you use personal design and not the drawing provided in patent and claims cover your ...


1

Three words: Statute of limitations. A patent normally takes years to issue. The statute of limitations for suing on a written contract varies by state, but let's just use four years for purposes of illustration. If they failed to pay more than four years ago, your remedies may be quite limited. If they failed to pay more recently, you need to get into ...


1

Since the AIA went into effect it is easier to correct inventorship. See this article "AIA Breathes Life into Inventorship Correction in PTO", or any of numerous articles that pop up in a google search of AIA inventorship. For applications filed prior to the AIA taking effect, a patent being asserted in court could be challenged and invalidated for ...


1

One thing that people commonly misunderstand is the geographic reach of patents. US patent law is only going to apply to things that you do in the US (or import into the us), and you need a US patent for it to apply at all. If you have a US patent but no UK patent, infringing activities in the UK aren't impacted. If you have a UK patent but no US patent, ...


1

Keeping the patent in your name and that of the company owner would create a joint ownership allowing either of you to exploit the patent. I am assuming that the manufacturer is the company that is owned by the company owner. If you did not assign your rights to the company, then you would have the right to sell rights to the patent to other companies, or ...


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To find out EP applicant or inventor or representative communication details you need to visit EP Register. search european patent in http://worldwide.espacenet.com/?locale=en_EP access EP register tab on biblographic page steps are compiled in following image


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To get in touch with the inventor or applicant of a European patent or application you need to accesses the European patent register. http://www.epo.org/searching/free/register.html After which open the EP register and click on advanced search https://register.epo.org/advancedSearch?lng=en Enter EP1870511 in the publication number bracket and you’ll ...


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