3
votes
What is the best strategy to avoid patent tyranny?
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 ...
- 10.9k
2
votes
Accepted
Inheritance of enforceable patents
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 ...
- 6,178
2
votes
Accepted
Patent of specific financial structure
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 ...
- 6,178
2
votes
Should a 3D designer be on patent?
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 ...
- 10.9k
2
votes
What is the best strategy to avoid patent tyranny?
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 ...
- 761
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
A question regarding patent
The general rule (and I am not a lawyer) is that when you work for a company, the company owns your work product. Thus is you invent something while at work, your company owns the invention. They are ...
- 10.9k
2
votes
Regarding legal options after rejection due to "undue search burden"
A restriction requirement is not a rejection. It does require a response selecting among the options presented by the examiner as to which claims the applicant chooses to have examined in the present ...
- 28.6k
1
vote
What does "according to some aspects of the present disclosure" really mean?
The second phrase is ok - the potential problem is in the use of the word “invention”. If used at all it must be done very carefully. I know the quote says disclosure not invention but the idea is the ...
- 28.6k
1
vote
Is it legally justified to disparage intentionally the preceding good patent by a wrong patent?
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 ...
- 6,178
1
vote
FR2553560 was lapsed for what reason?
Short of asking the assignee of the patent: Japan Atomic Energy Research Institute, there is no way to know why they allowed the patent to lapse. Generally the reason for allowing a patent to lapse is ...
- 10.9k
1
vote
Patentless Invention
DonQuiKong's comment "you should be asking if you can win a lawsuit" is quite salient, as Intellectual Property litigation, and patent litigation in general, is extremely expensive. (This was a ...
- 761
1
vote
Bulk extraction of patent information
I'm pretty sure you can do this with the EPO site although I've never done it myself. Try this page for more information.
- 10.9k
1
vote
Bulk extraction of patent information
'poxoq for patents' is a search and retrieval tool which can be used to easily download publications in PDF format of granted patents, patent applications and utility models from over 90 countries. ...
1
vote
Someone stole my computer program and said he will patent it. How can I check if patent exists?
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, ...
- 10.9k
1
vote
Should a 3D designer be on patent?
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 ...
- 9
1
vote
Who gets credit for providing CAD drawings for a patent?
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 ...
1
vote
Micro-Entity Filing Status
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 ...
- 6,178
1
vote
What can I do to someone who stole my idea and patented it?
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 ...
- 761
1
vote
Having someone else file a patent application to retain micro entity status
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 ...
- 6,178
1
vote
Patent protection: Through Inventor or Company name
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 ...
- 6,178
1
vote
Reverse Engineering a communications protocol. Is it legal?
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 ...
Only top scored, non community-wiki answers of a minimum length are eligible
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