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3

Why do you consider this patent tyranny. Someone came up with the idea before you. They spent the time and money to obtain a patent to protect it. The fact that you are a non-profit doesn't mean you aren't potentially reducing the patent holders ability to sell his product. Your best bet is to contact the patent owners and see if you can get permission to ...


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First of all, from a patent law point of view, your son is not entitled to anything just because he provided the drawings. Now, drawings he does are certainly protected by Copyright, but if he gives them to the business owner for free, then they are gone. The question here is: What should your son get as a reward for creating those drawings? Which is ...


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This patent application had very broad claims that could have had an impact on Bitcoin (and electronic commerce) if they had been granted. But the application was abandoned. Current status per PAIR: Abandoned -- Failure to Respond to an Office Action, as of 10-15-2012. So as of now, the only impact is that it will act as prior art for any later-filed ...


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It's not illegal to say your invention is useless, actually that's quite normal because one wants to argue how their invention is inventive, so naturally the prior art must have drawbacks. It really doesn't matter if that's true-ish or not. The patent attorney writing that probably doesn't even know if your invention or theirs is better. So just ignore that. ...


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I will speak to Europe, as I believe the answer is entirely clear there. The US is arguably slightly more murky. I'm afraid I have to disagree with the conclusions of the accepted answer, which, in my opinion, is entirely wrong and risks misleading further readers. Unfortunately my answer is probably too late to be useful for the OP, but hopefully it will ...


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Not really necessary to notify a product with the words such as "patent pending", "patent applied for" or "patented product". These words do not provide any legal protection against infringement. However, it may dissuade potential competitors from copying feature(s) of the product or the product as a whole. You may refer to this link for more information: ...


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Its not mandatory, but if a organization wants to notify potential competitor on infringement risk they can write the patent information on products. keep in mind that false representation of patent can leads to penalties under IP laws. if you want to know if product is patented then you need to search about same in patent databases, it involves skilled ...


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Last year the answer for protocols was yes. It might still be yes at the USPTO but now it is likely for a judge with no technical background to say "it is just doing what computers do". APIs have not been found patentable but they are copyrightable - unless the case that Google wants to take to the Supreme Court goes the other way. Some links. PatentlyO on ...


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Technically, it is not legal for someone to patent your invention: "The patent application includes a declaration in which the applicant swears that everything in the application is true. So if you falsely claim that you invented something when you did not, that would amount to fraud on the U.S. Patent and Trademark Office which would result in a ...


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You probably shouldn't do this. Even if you filed it in another person's name, you would still be the inventor (who must also satisfy the application filing limit). 37 CFR 1.29(a) requires (emphasis added): (a) To establish micro entity status under this paragraph, the applicant must certify that: ... (2) Neither the applicant nor the inventor nor a ...


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Is inheritance of a patent (assigned to an individual) possible? Yes. A patent is personal property, per 35 USC § 261: Subject to the provisions of this title, patents shall have the attributes of personal property. When the owner of a piece of personal property dies, the property passes like any other property. If the deceased person has a will, the ...


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In both cases, you are suggesting lying about the inventorship. The details of each of your schemes is largely irrelevant in this regard. First, you are the inventor: there is nothing you can do subsequently that would change that. Inventorship and micro-entity statu 37 CFR 1.29 provides the requirements for micro entity status. In particular, 37 CFR 1.29(...


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You can always try to negotiate the terms of your contract. However, I doubt anyone would hire you on the basis of a paying you for your time and also getting a fraction of the patent earnings. The standard consulting agreement essentially says "I hire you to do work and I own the work product". Normal design engineering and modeling of an idea brought to ...


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Patent litigation is often described as "ruinously expensive" to pursue, thus there generally must be some financial incentive. My take on the advice given by your legal experts is that because you are a non-profit, there is no profit in trying to sue you for damages, or even spend the money to try to block you. That said, there are many variables. ...


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You can say whatever you want about other patents. It might not be sensible for various reasons, but no one will stop you. However, a patent must also set out the best mode of performing the invention. If it fails to do so, the patent is invalid. However, best mode is pretty broad. It doesn't just mean highest performing. A cheapest, but lower performing ...


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It sounds like he is pulling a snow job on you. For one thing you can't patent a software program. What you might be able to patent is a specific algorithm as applied to a specific use. In that case, the patent would be defined by the claims and wouldn't cover every part of the program. In any case, as DonQuiKong stated, if there is an application for a ...


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There are several resources for checking published patents and applications (espacenet, google patents, uspto, wipo, ...), the problem is that applications are published normally after 18 months. So you cannot find it yet, even if it was filed. On the other hand, it has not been granted yet, so there are no patent rights (from this situation) impeding you ...


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Product design, mechanical engineering, and 3D modeling is work for hire and not part of the inventive process unfortunately. Does it add value? Yes. Does it add more value than you charge for your services? Maybe. Makes a good selling point but it doesn't change things. It's still work for hire. Inventing is outside the scope of the work requested. But if ...


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This is just my opinion: Is my son entitled to royalties in the event that the product becomes successful? - Not unless there was a contract which entitled your son to this. The patent owner holds full control of the product's success or failure. That is the point of a "patent" - i.e. to ensure the patent holder has control. Should he receive publishing ...


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You are basically asking if somebody that invested a lot in their education would be willing to explain to you in detail how to not pay them for their job. Do you see the problem? Sites like this can help you with specific questions, but if you need a lot of information, either start learning or pay a patent attorney ;-).


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Assuming, post Alice, a few Software and / or Business Process patents are enforceable: 1) The exemptions only cover research / pure educational purposes. So demonstrating a method is permitted, but you cannot use a copy of another's invention for it's intended purpose. You definitely can't use a copy of the invention to offer a service to a third party. ...


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Either option is ok, from a legal point of view. However, joint ownership can be quite difficult in practice. Generally any changes (such as assignments or licensing) require the assent of all the joint owners. If there is any kind of disagreement or falling out between the co-owners, the patent can become quite hard to administer. By having the patent ...


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To figure out whether your proposed product would infringe anyone's patents, you would have to review all the relevant patents. A good starting place would be looking at the granted patents assigned to company X, but it's possible that there are relevant patents held by others as well. Other intellectual property rights are outside the scope of this site, ...


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First of all, you cannot sell "inventorship," you can only sell "ownership," and the exclusionary rights under the patent. The problem with a system where you can't sell patents is interesting. It essentially means that a patent is only worth money if you use it against somebody. And there are some problems with that... Solo inventors can't always afford ...


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Financial structures can be patented subject to patent-ability conditions. Now in case, all criteria of invention are satesfied like Novelty, Inventive step then certainly these can be patented in US and under certain circumstances in Europe too. For Europe:- Article 52 (2) The following in particular shall not be regarded as inventions within the ...


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When aiming for an EP, beware of exclusion from patentability as business method under Art. 52 EPC. Be careful how you word your claim so that you do not end up like these guys, e.g.: https://register.epo.org/application?number=EP06250751&lng=en&tab=doclist https://register.epo.org/application?number=EP07252629&lng=en&tab=doclist


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From my experience in banking and securities, most core intellectual property were copyrighted and/or kept confidential (as proprietary tech) in the form of formulas comprising of derivatives, economic indices, quantitative analysis, and numerous other combinations of data sources. Any form of securities (stocks and bonds, annuities, etc) is highly ...


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No one can leave inventor out of loop, organization cant invent of its own. in all patent jurisdiction inventors signature is required to file patent application. In case Person is not mentioned as inventor then he can file petition/application in patent office for claim. for more information on subject please visit Link Further to your second query on ...


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There are many options but certainly you have to do following to avoid any liabilities:- Hire qualified attorney and get clear picture of patented claims, process, methods etc. they cover. it may seem to you that you have different product but you might be infringing other claims. Contact a legal counsel and reply to letter based on provided deadlines. if ...


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It depends. If the categories are medical, then you would definitely get a separate patent for what is termed second medical use in some countries. For example, if you discover today that aspirin prevents hangnail, you could get a patent for that, even though aspirin is known. Even in non-medical cases you could probably obtain multiple patents on a same ...


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