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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-...


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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 ...


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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 ...


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I am not your attorney. The following educational information might not be appropriate for your situation. You might want to consult your own attorney. The US constitution gives the intellectual property ownership rights of patents to their inventors. Inventors often assign those rights to a corporation but do not need to. Any owner of an interest in a ...


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Will I still be able to (legally/ethically) claim that I have a patent on my resume? It's a bit ambiguous to use "have", as it might be interpreted to mean that you own the patent, which it sounds like you wouldn't. Typically, you'd phrase it as something like "I am the inventor / one of the inventors of <superfrob>, for which U.S. Patent <number&...


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The local employment laws and any agreements you have with the company will govern the ownership issues. I do not have any knowledge in that realm. However, if there is no agreement or action of law automatically assigning the invention to the company, you - as an inventor would have an undivided ownership of the patent under U.S. law. For the question of ...


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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 !


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Under the AIA law of 2012 wrong inventorship can be corrected without regard to deceptive intent. No longer a reason to tear up a patent.


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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 ...


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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 ...


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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 ...


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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 ...


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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,...


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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


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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 ...


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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 ...


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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 ...


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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.


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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 ...


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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, ...


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No limit and in fact you are to list every inventor. However, the definition of an "inventor" often imposes a natural limit. That is, an inventor must contribute to the conception of an idea reflected in the claims. Thus, it generally follows that the number of persons contributing to conceiving an invention does not reach hundreds or thousands. More details ...


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I an an inventor, not a lawyer, so this is my best understanding. The specific criteria is whether you identify at least one claim which wouldn't have been there without your contribution. Ideally you can prove this by referencing your lab documentation or other permanent record. You really need to do something inventive. Preparing documents or even ...


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The strategies for what to claim and what embodiments to detail in a patent application might fall into the domain of your patent attorney (or patent agent). In terms of the hierarchy of sub-components of a product, inventorship might exist or not exit at all levels of the project. In some cases a critical sub-component is what enables the final product to ...


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In the EU, you can start an entitlement proceeding and/or give a notice to the office with a claim to the right to be mentioned as an inventor. Especially, if the EU is meant the European patent according to EPC, the right to be mentioned is treated really seriously. If there is no agreement between your former employer and you or it is not treated as an ...


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For my patents, my name and town (town, state and country) I live at are listed on the front of the patents. This is true for at least US and European patents. There may not be another person with your name in the same location. Try a Google search to see. For me, I'm the only person with my name in my town.


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Most large research universities have offices of technology and licensing and and intellectual rights policies. You likely are on the hook if in any way it was developed in their labs or used their resources to produce your invention. Then you are likely required by these policies to disclose your invention to the university and they have a duty to either ...


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It depends on what is claimed. If the professor conceived of at least part of a claimed invention, then he is an inventor. If he is an inventor, then the university may have rights depending on what is in his employment agreement. The name of the game is the claim. Generally a claim is not written in a way that restricts it to an embodiment. (Loose ...


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No. Ownership is largely independent of inventorship, as patents can be sold, traded, and gifted just like any other form of property.


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The laws may vary from country to country, but under the United States Code, co-inventors are each considered to have 100% ownership of the invention unless otherwise specified in an agreement. Therefore, before you start the application process, you should have an agreement in writing that clearly states the terms of co-ownership for each inventor of the ...


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