52

This is a great question. First off, patent rights are initially owned by the inventor and are normally only assignable by a written agreement. In tech companies, developers are normally required to sign such a written agreement when they start their jobs. If that didn't happen, then you still co-own the patent rights. If you are a co-owner, one thing ...


23

First off, just because you think something is "obviously" covered by Prior Art doesn't mean that it really is. It takes years of experience to understand how to read a list of claims and it is possible that the independent claim(s) is written in such a way that it is not covered by the existing art in the field. All that said, you do have a duty to ...


16

If it is a United States patent see if your company's patent attorney(s) will file a "Correction of Inventorship" pursuant to CFR 37 Section 1.48 which reads in relevant part to your situation: § 1.48 Correction of inventorship in a patent application, other than a reissue application, pursuant to 35 U.S.C. 116. (a) Nonprovisional application after ...


14

Yajoe, this is rich. You have all sorts of options and may already be well on the way, based on what you have provided here. To start, you and your co- inventors and their patent attorneys are all bound by a Duty of Disclosure - basically saying all of you must disclose any information that is "material to patentability." As an inventor you are supposed ...


11

There are a few issues hidden in your question. I'm first going to write about whether these postings create prior art. Next, I'll write about whether a suggestion from a third party alters inventorship. Prior art and online postings: Public discussions create create prior art. If done in a public online written forum then the postings will count as "...


5

Questions regarding your inventorship rights need to be posed to a registered patent attorney or agent. The answer is highly fact specific to your particular situation. There was also a major change in the law that went into effect September 16 that needs to be taken into account. Regarding what the company owes you, if someone owes you a small amount of ...


4

This answer assumes you are talking about a filing with the USPTO. Unlike authorship, inventorship is controlled by law. Writing it up and making drawing might make you an author but, alone, does not make one an inventor. Being the boss does not make one an inventor. Making a conceptual contribution to something in a claim is what makes one an inventor. All ...


4

A sentence cannot be patented. It can be protected under copyrights. A patent is granted to an invention which has new and inventive solution to a technical problem. You may want to refer the article at the below link to get insight on what can be patented and what cannot be patented: http://www.invntree.com/blogs/what-can-be-patented-and-what-cannot-be-...


4

Yajoe, there are a few possibilities here, but it isn't very likely that you can actually stop the patent application from being filed - as Dennis Crouch noted, in most cases, your employee agreement will require you to sign papers, etc. -- you can (and should) ask for copies of all the filings of course! Given your description, there are a couple of ...


4

Do not put this person's name on the patent as an inventor! And please do not treat their advice as gospel. First, they are breaking the rules by providing advice to you about your filing. It is practicing law without a license. Next, the examiner is correct that all inventors need to qualify as micro entity applicants. From the form GROSS INCOME LIMIT ...


2

If you made a patentable invention, as recognized by the law of the land, then your recognition is subservient to such law. You probably signed an IP assignment agreement with your former employer, so they likely have rights to file. Your interest and insider knowledge, used to materially harm your former employer, may impact the judgement in a case/suit ...


2

To qualify as prior art, a reference needs a verifiable date attached to it. Depending on the provenance, a blog posting might suffice in and of itself. Even if it fails, the content of the blog post might lead to other published material that does qualify as prior art. Also, the proposed prior art has to be "published." Publication means that it is (...


2

Inventorship is a legal issue based of questions of fact. C.R. Bard, Inc. v. M3 Systems, Inc., 157 F.3d 1340, 1352 (Fed. Cir. 1998). To be named as an inventor, one must have contributed to the invention, meaning at least one patent claim. See 35 U.S.C. § 116. Further, a joint inventor must have contributed in some significant manner to the conception of ...


2

Regarding the "it's easily correctable": Don't all the listed inventors have to agree to a change? If A, B are listed, and A says later that B was not an inventor, but B says (s)he was... presumably this dispute has to be resolved before the inventorship problem can be corrected. Could there be a case where it is not easily resolved? [Ran out of ...


2

The order of the named inventors on a patent doesn't matter, for legal purposes anyway. Technically, a patent with incorrectly named inventors is not enforceable. However this will likely be a non-issue because even if the patent's assignee ever decides to enforce the patent and the accused infringer figures out there's an inventorship issue, it's easily ...


2

If you still have any written documents or any recordings or even an email wherein this can be proved that you were the inventor of the invention, then, YES, you can invalidate that application/draft! As far as I know you can take it for legal course as well provided you have a concrete proof ! Good Luck !


2

In the U.S., the true inventors must be named in a patent application, even if the application is ultimately assigned to a company. Failing to name all the true inventors or naming inventors who did not have an inventive contribution is considered fraud against the Patent Office and can result in invalidation of a patent that might issue from the ...


2

Google has nothing to do with the order of inventor, they host just display and index tools. it displays the exact order as listed in USPTO granted patent. Most likely your attorney/agent has listed name in alphabetical order. Now to second obvious question you can see MPEP 602.01(c)(2) Correcting or Updating Inventor Name 37 CFR 1.48(f) – Request Filed ...


2

Probably not, but it depends. Most employers have a written agreement with their employees that assigns the ownership of inventions developed during employment to the employer. This means the inventor is not entitled to any payment or royalties. (Though some companies offer financial and/or other incentives.) In the absence of a written agreement, it comes ...


2

You cannot patent a sentence. Here are the list of ideas or innovations that cannot be patented. Laws of nature Physical phenomena Abstract ideas Literary, dramatic, musical, and artistic works (these can be Copyright protected) Inventions which are: Not useful (such as perpetual motion machines); or Offensive to public morality


2

Any claim that covers embodiments rendered obvious by the description of the previous patent is invalid. At first glance it appears that the newer patent adds a lot of constraints to the structure; these additional constraints might not be obvious even if the purpose of the invention is the same. Just because a car has already been patented doesn't mean ...


2

First off, don't disclose any more details about your ideas on the Internet. Also, don't disclose the idea to others without a Non-Disclosure Agreement (NDA) in place first. Almost any public disclosure can be used as Prior Art, which is one way to invalidate patents. You need to keep this information confidential until you have a judicial disclosure (patent,...


2

I can see a few issues which I will briefly discuss, though this is more of a long comment rather than an answer. This is very much a case where a patent attorney or lawyer should get involved. Who owns the invention? You have an explicit agreement about ownership with the company, which should make this clear. Without seeing the agreement, I can only ...


2

My understanding (and I'm not a lawyer), it that the patent can be invalidated if it doesn't correctly list the inventors. Since it doesn't cost the company any more money to list you as an inventor, they really should if you indeed merit it. That said, you need to determine if you actually are an inventor. Here is a scenario. Lets say that Mary has a great ...


2

I'm speaking as an inventor here, not a lawyer. There are generally several if not many people associated with a technology that spawns a patent. The question of whether one of those people is considered an inventor goes directly to the claims. Did that person contribute the essential inventive step in at least one claim? If not, then they aren't the ...


2

Patents cover inventions. Neither an artwork nor captioning are inventions, and so would not eligible for a patent. You may be thinking of copyright, which covers creative works. If so, that's off topic here, so your question would be better asked thataway.


2

I am not a lawyer, but I do have quite a few patents to my credit. My test is this: is there at least one claim where the novelty is based on your contribution. So look at the claims. Is one of them covering your prediction model or your solution? If so, you should be listed as an inventor. It's important to understand that an inventor is the one who comes ...


2

Double patenting results when the right to exclude granted by a first patent is unjustly extended by the grant of a later issued patent or patents.The doctrine of double patenting has been created to prevent the unjustified extension of patent exclusivity beyond the term of a patent. The following criteria are considered for the issue of double patenting, ...


1

I do not see how this relates to first-to-file at all. All inventors need to be named but if they are not named or if the named inventors includes people who should not have been listed, the patent can be fixed later as long as everybody in question signs off on what the correct inventorship should have been. Pre-AIA it was possible to end up with an ...


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