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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 ...
George White's user avatar
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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 ...
George White's user avatar
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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 ...
Jonah Probell's user avatar
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 ...
George White's user avatar
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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) ...
George White's user avatar
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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 ...
George White's user avatar
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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 ...
Maca's user avatar
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2 votes
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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 ...
RishiM's user avatar
  • 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 ...
Eric S's user avatar
  • 11.4k
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 ...
aosik's user avatar
  • 579
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-...
George White's user avatar
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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 ...
Eric S's user avatar
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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.
George White's user avatar
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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 ...
Karel Bauer's user avatar
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 ...
Eric S's user avatar
  • 11.4k
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 ...
picibucor's user avatar
  • 486
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 ...
Eric S's user avatar
  • 11.4k
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 ...
Eric S's user avatar
  • 11.4k
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 ...
Eric S's user avatar
  • 11.4k
1 vote

Question about joint patent ownership

Your basic assumptions is flat wrong in any realistic case. Yes, in the case of joint inventors they have separate ability to practice and license the invention with no need to coordinate or transfer ...
George White's user avatar
  • 29.2k
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 ...
Eric S's user avatar
  • 11.4k
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 ...
George White's user avatar
  • 29.2k
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 ...
Eric S's user avatar
  • 11.4k
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 ...
George White's user avatar
  • 29.2k
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 ...
George White's user avatar
  • 29.2k
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 ...
George White's user avatar
  • 29.2k
1 vote

How many granted patents are required to be considered a prolific inventor?

I would say inventors having 15 and more issued patents should be considered prolific. Source of data: https://idiyas.com/distribution/pyramid Inventors having less than 15 patents is ~96% of the ...
Misha Ghosh's user avatar
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 ...
Eric S's user avatar
  • 11.4k
1 vote

Making of the dishwasher

From the form of the document number, this is an application for a patent, not a grant. Looking at the google patent link you can see "also published as" US7604012 and US9386902. These are U.S. ...
George White's user avatar
  • 29.2k
1 vote

Added inventor to ADS accidentally, received Notice for Missing Parts for declaration

I took @DonQuiKong's advice and called the USPTO's Pro Se assistance hotline. They advised me to simply file a corrected ADS. It's unclear if there are any fees involved other than for filing the ...
user19945's user avatar

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