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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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You are mixing a few things up there. Inventor != applicant: Inventor is the person that invented the invention, applicant is the person that applies for the patent and therefore is the owner of the patent (e.g. the employer). The compensation for the inventor has to be agreed upon between those two. In your case that would (probably) mean that the ...


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Intuitively it seems to me that the intention is that the sponsor is allowed to use whatever your entry is, and you cannot use any IP rights you have to prevent that. Does this mean that the sponsor owns any ideas presented in the entry? No: I don't think there's anything in the wording to support this. While they will have free use of the ideas, they don'...


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Priority is governed by 35 USC §119(a). The important part for us is the beginning, which provides: An application for patent for an invention filed in this country by any person who has, or whose legal representatives or assigns have, previously regularly filed an application for a patent for the same invention in a foreign country … It then ends with a ...


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The term of a patent is (now) 20 years after the date of filing. Before 1995 the term of a patent was 17 years from the date of grant. The patent you linkes was granted on 16 of July 1907. It probably expired 17 years later. There is no way to claim this patent anymore because it does not protect anything anymore. A patent grants an exclusive right in ...


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According to this article, the patents allegedly infringed upon are: US5,796,967, US5,961,601, US7,072,849 and US7,631,346.


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The first thing to do is understand what the terms mean. It is okay to call yourself a "co-inventor" on a patent application, just be sure you call a patent application an "application". You also need to understand that a patent application does not mean a patent will ever issue. It can take a few successful patents before you understand if you're likely to ...


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If the patent was filed in 2007, and your joint paper was written 5 years ago (=2008 or 2009), then I would assume that you had no input on the actual patent -- the patent was written first. Instead, your partner may have included material from his patent into your joint paper -- and if that is the case you would not have any rights to any part of his prior ...


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Partial Answer: Yes but its a bit tricky - A good transactional lawyer can help you. In the US, ownership of patent rights are typically recorded with the US Patent & Trademark Office in what they call the Assignment Database. However, liens and other security interests might be recorded with the USPTO but they might instead (or also) be recorded ...


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Patents are rights which can be transferred from one entity to another. After assignment of such rights its important to notify patent office about such assignments. for US Patent these assignments are listed in Assignment database. you are recommended to read help on how to search Another way to find such information is to look into PUBLIC PAIR assignment ...


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This is the Illinois Employee Patent Act: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2238 The relevant passage for you is here: (1) A provision in an employment agreement which provides that an employee shall assign or offer to assign any of the employee's rights in an invention to the employer does not apply to an invention for which no ...


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You should get a solid legal answer by an attorney. Show all of your paperwork and any agreements with your employer. I have run into this myself for our clients as CEO of The Mars Rising Network. An attorney has to look at all of this to determine if you are free to move on your own. In your case you are a software developer, I have seen other people that ...


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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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I want to be reassured that the patent will be used in "good faith" (they won't become a patent troll) or they won't sue competition just because they want to create a monopoly in the market. Is what I'm looking for reasonable? Not really. First of all, use of a patent in "good faith" is an extremely subjective guideline. How will "...


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Yes. 35 USC § 261 provides: ... patents shall have the attributes of personal property. ... Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writing. Thus patents and patent applications can be owned, bought and sold essentially like any other kind of personal property, and so ownership can be ...


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This patent has been expired since 1927, and since then it has been freely available for anyone to manufacture and sell. If by "claim", you mean a patent model (miniature model of the invention), those were only required until 1880, so there is no actual physical device stored anywhere, just the paperwork (if the originals still exist). The scanned PDF on ...


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Interestingly, the cover sheet for this patent is missing, which contains most of the pertinent information for calculating the expiration date of a patent. However, from checking the information available on Google Patents against the content of the grant, we can calculate the expiration date using the following information: Publication date: May 17, 1977 (...


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There is a distinction between being the inventor, and being the assignee (aka owner) of the patent or patent application. In the US, anyone who made a material contribution to at least one claim, must be recognized as an inventor. If no assignee is specified, the inventor is the presumed applicant/assignee. In practice, employment agreements will contain ...


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I did a little digging and found this post: Register prior art, but not wanting a patent In case it might help anyone else, I'll answer my own questions for archival reasons. If I got anything wrong, any help correcting would be much appreciated. Yes, GitHub can be used as a published prior art. If I wrote the code on GitHub, and I was the first that ...


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There is no central database that lists licensing rights. Since those are private contracts between parties, there is no obligation to make the knowledge public, and many times it is deliberately confidential. You can search SEC (or foreign equivalent) filings, Press Releases, and markings on a product in a catalog, but it will only be made public if there's ...


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A patent is a piece of property like other pieces of property in many respects. It isn't clear from the question what sort of situation your father is in, but in two general cases the outcome is quite different. If your father has a court appointed guardian because he is not able to make decisions for himself, then barring something specifically ...


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A certified letter to both the company and their patent attorney/agents explaining these circumstances should put them on notice that your colleague is indeed reachable and intends to exert his interest in the particular invention. Lawyers have a duty to report matters of fact to the USPTO that affect the case and if they have filed that he is unreachable ...


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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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Performing a thorough patent search is a significant effort. Some people make a career of it. I think you should try to do it yourself first and then ask for help if you get stuck. Even though I don't consider myself a professional, here are some tips: First, it can be useful to do a basic Google search for such products. From this you can see which ...


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Fresnel lenses date back to the 1700's. I doubt anyone "owns" the basic idea at this point. This is not to say that people don't have patents on novel configurations or methods of constructing fresnel lenses or the use of a fresnel lens in another device. If you are interested in those, you can perform a patent search. Here is a link to an earlier answer ...


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Thats more than 70 years old and has therefore expired. It does not get any protection anymore.


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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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First, US 2008/0310908 is a patent application, not a patent. This is important for reasons that I touch on at the end. The best place to check ownership is on the USPTO's assignments database. Typically, though not necessarily, patent assignments are registered pretty promptly, as the ramifications for not doing so can be dire. By looking at US 2008/...


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The deal with patents is that you trade exclusivity for a certain amount of time (20 yrs from filing now, 17yrs from grant then) versus the publication of your invention. After the patent expires, the invention becomes free for anyone. Therefore, there is no way to renew the patents. They have lapsed and now are only of sentimental value.


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