4
votes
Accepted
Micro Entity Filing Status and ownership issues when there is more than one inventor
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 ...
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4
votes
Accepted
Multiple inventions in US provisional patent, inventors in split application?
Once any non-provisional application that claims priority from a provisional is published or granted, that provisional is open for public inspection. So yes to question 1.
The provisional itself is ...
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3
votes
Inventor omitted from the provisional application
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 ...
- 326
3
votes
Inventor omitted from the provisional application
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 ...
- 28.6k
3
votes
Accepted
Transfering ownership before grant
Definitely - it is done by employee inventors right at the time of filing, for example.
The steps would be to draw up and sign an assignment agreement, record it with the USPTO (like recording a deed) ...
- 28.6k
3
votes
How to prevent colleagues infiltrating my patent?
There are several issues here. If your invention is part of your job or you are otherwise required to assign it to your employer then it will be owned by your employer and the listed inventors will ...
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2
votes
How to Patent Artwork Plus Captioning
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 ...
- 6,178
2
votes
Stolen inventorship and compensation
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 ...
- 6,178
2
votes
Accepted
Co-inventor filed same invention again as sole inventor -- Double patenting? Inequitable conduct?
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 ...
- 1,191
2
votes
Accepted
Am I an inventor if I created the prediction model the product relies on?
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 ...
- 10.9k
2
votes
Is there a limit to the number of individuals that can be named on a patent application as inventors?
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 ...
- 579
2
votes
Inventor not included
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.
- 28.6k
2
votes
Accepted
Who is the inventor in an invention composed of several already existing sub-devices?
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 ...
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2
votes
Who is the inventor in an invention composed of several already existing sub-devices?
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-...
- 28.6k
2
votes
A previous employer has patented something I helped invent but hasn't included me as an inventor. What are my options?
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 ...
- 21
2
votes
How can I prove to someone that the inventor of an USPTO-granted patent is actually me?
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 ...
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2
votes
How to prevent colleagues infiltrating my patent?
First, Congrats!
Second, I suggest, you present the general concept and all the possible applications you can think of next time. If you share all what you have, it won't hurt you that others improve ...
- 456
2
votes
A question regarding Inventorship
I am not a lawyer so this is not legal advice. It is possible that someone else at "P-House" invented exactly the same thing as Bob did after Bob left, but is seems unlikely. Bob could ...
- 10.9k
2
votes
Accepted
How was this Bitrex based repellent invention able to be patented while there were already similar bitrex based products invented before?
First of all, the cited document is an application, not a patent. Applications do not necessarily get granted and even if they do, it is common for the claims to be narrowed.
With respect to the US ...
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1
vote
Co-authors that quit during software development and such software is using later in a patent, should they be added as coauthors/inventors?
Inventorship isn't like authorship where all significant contributors are listed. To be considered an inventor you need to provide a conceptual contribution to at least one claim. So the question is ...
- 10.9k
1
vote
Can forum/wiki postings invalidate a patent that was granted at a later date?
To answer the question, yes publication on an internet forum could constitute prior art. It is even possible to submit such a citation to patent authorities during the processing of an application.
I ...
- 10.9k
1
vote
Would it be considered appropriate for a large corporation to patent a design they had nothing to do with coming up?
NO
That is not proper at all. In the U.S.someone who is not a true inventor needed to sign the paperwork declaring that they were a true inventor for the filing. The form says fraudulent signing is ...
- 28.6k
1
vote
My professor did not write my name in the inventor list although I am the lead author on the publication that claim the product
I can't determine whether or not you should be listed as an inventor based on your description of your activities. The criteria for inventorship is not at all based on how much effort and time you put ...
- 10.9k
1
vote
Can a co-inventor (not the applicant) correspond with the patent office?
The patent office will only communicate with one party. In this case it would be the attorney/agent with the power of attorney. In the case of multiple inventors they can designate one if them to ...
- 28.6k
1
vote
Addition To Patents
There was a famous case regarding putting an eraser at the end of a pencil. It was granted a patent by the USPTO but disallowed by the Supreme Court in the 1800's. The eraser didn't do anything ...
- 28.6k
1
vote
Co-inventorship when claims based on the contributing inventor's concepts are dropped during prosecution
It isn’t moot - it would be positively improper to add them. In the U.S. an inventor is someone who makes a conceptual contribution to something in a claim. Someone might be an inventor in a ...
- 28.6k
1
vote
How many granted patents are required to be considered a prolific inventor?
It is an interesting question. I'm pretty sure there isn't an acknowledged international standard. Wikipedia states they used 200 patents to reduce the number to a convenient size. The same Wikipedia ...
- 10.9k
1
vote
Can I share my patent with my professor?
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 ...
- 297
1
vote
Can I share my patent with my professor?
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 ...
- 469
1
vote
Does part ownership in a patent mean the owner was a contributor to the invention?
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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