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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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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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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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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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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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Most likely an assignment of IP would be in place. You can mention it in your resume as inventor, as you are the inventor. however in future you might have to sign forms if required.


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While B. Johnson's answer is fine for what it is, I'd like to provide some interpretation. When novices read patents they sometimes see long and complicated claims and think "Wow, this is covering everything". When experienced folk look at long and complicated claims, they think "Wow, this is pretty narrow". In order to infringe on a claim, you need to ...


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All co-inventors begin with equal rights to the patent. All inventors are co-inventors. As far as the patent office and courts are concerned, all inventors have equal rights. There is no 'original-inventor' in any given patent. A particular innovation may give rise to multiple patents, and the original-inventor may be sole inventor on some and co-inventor ...


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There are a number of issues here. The first is what a "patent" actually is. The second relates to what "having" a patent means. I've personally submitted something on the order of 80 US patent applications through various employers, with 40+ having been issued, and exactly 0 of them owned by me. What do I say? What do the people in my situation usually ...


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It is extremely unlikely that such a company would try to "steal" your application or the underlying IP. However, DO NOT file a patent application with Nolo or any other cut-rate self-directed services. The problem with these Nolo, LegalZoom or other cheap patent services, and the like is, that they lure inventors into believing that they can get solid ...


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First to File doesn't have any impact. Magnetic Closures was about inequitable conduct, effectively deliberately lying to the Patent Office about the inventorship of an application. Inequitable conduct can invalidate a patent. This rule hasn't changed. Another part of the AIA did impact inventorship, and made correction of inventorship simpler: http://...


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