The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 30th, 2020, 3:05pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
I have an Invention ... Now What?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Patent IDEA
« Previous topic | Next topic »
Pages: 1 2 3  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Patent IDEA  (Read 2669 times)
Isaac
Senior Member
****




   


Posts: 3472
Re: Patent IDEA
« Reply #10 on: Dec 15th, 2006, 7:27am »
Quote Quote Modify Modify

on Dec 15th, 2006, 7:14am, ChrisWhewell wrote:
I doubt that a typical dude will be able to get a meaningful NDA executed by large companies, without protracted negotiations.  The big boys

 
I'd have to second this advice.  You have to know how things work in the particular industry you want to submit to.   In many industries companies have industry submission policies whose primary purpose is to make sure the company doesn't get sued for a submitted idea that they've already come up with and whose distant secondary purpose is to actually get any new ideas.
 
NDAs are great in theory, but many companies aren't going to sign anything you present, and instead are going to want you to sign an agreement that protects them.
 
I have no idea how Wal-Mart does things, but my guess is that they aren't novices at this.
IP Logged

Isaac
ChrisWhewell
Full Member
***




   
WWW Email

Posts: 104
Re: Patent IDEA
« Reply #11 on: Dec 15th, 2006, 9:42am »
Quote Quote Modify Modify

Kindly allow me to further add, that I've had many inventors mention to me that companies they've approached don't want to know about the inventor's idea, until after the inventor has filed a patent application.
 
On one hand, this seems nice inasmuch as some might view the company as being nice, to "let" them protect their IP first.
 
I see a flipside to this, being that the companies typically request to be furnished with a copy of the patent application, as-filed.  At this stage, it is not unreasonable for an inventor to insist on an NDA, which may be signed.  However, once a person provides a copy of their patent application to another, then, the receiving party may search the prior art, to find smething anticipatory or close.  The receiving party may also conceive improvements to the invention described in the inventor's application, and file a patent applications on them !  To the extent that it is tenable to argue that the improvement(s) conceived by the receiving party are based on an improvement of a prior art device and were not based on the inventor's disclosure, the inventor may find themselves in swamp of molasses.  I suggest never providing any information to anyone, if possible.  Others typically do not use it to the favor of the discloser unless doing so provides them with a benefit otherwise not available.    
 
A downside of a creative mind is that often, one thinks of inventions they themselves cannot make or sell.  IMO, most of these sorts of inventions should be abandoned, or dedicated to the public by free public disclosure to avoid disappointment.   By focusing on inventions one can make and sell themselves, one might make a buck or two.
« Last Edit: Dec 15th, 2006, 9:53am by ChrisWhewell » IP Logged

Chris Whewell, M.S.
A Grad Student
Guest
Re: Patent IDEA
« Reply #12 on: Dec 16th, 2006, 3:05pm »
Quote Quote Modify Modify Remove Remove

I have been working very hard on a project with my advisor, and I thought we're about to put in a patent application, but  recently I accidently discovered that my advisor filled a patent appication without my name on it.
I have done most of the work, so I want to ensure that my intellectual property is protected and that I get my fair share of the patent. How can I diplomatically negotiate this with my advisor? And, on a broader scale, is there someone I can talk to -- confidentially -- about these kinds of politically charged issues?  
 
IP Logged
Bill Richards
Full Member
***




   
WWW Email

Posts: 758
Re: Patent IDEA
« Reply #13 on: Dec 17th, 2006, 3:50pm »
Quote Quote Modify Modify

You're getting into the area of inventorship as well as IP rights.  Suggest you contact an attoney with whom you can share all the details.
I, as well as others who contribute to this site would be able to help.
IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
Pages: 1 2 3  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board