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I have an Invention ... Now What?
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   Two Inventors, Two Companes
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   Author  Topic: Two Inventors, Two Companes  (Read 2611 times)
Hea Hear
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Re: Two Inventors, Two Companes
« Reply #10 on: Nov 8th, 2006, 10:54pm »
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I am not disputing the fact the if your working for a business under a contract to produce software.
 
But the fact remains he was working jointly with another person who is not related to the company.
 
here is a little excerpt.
 
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An invention's patent is considered personal property. Under patent law, each co-inventor named on a patent application owns that property. In the absence of any agreement, each co-inventor owns 100 percent of the patent, regardless of how much each individual contributed to the invention. Patent law gives co-owners of a patent the right to make, use, license, sell and import the patented invention within the United States in whatever way they please, without the consent of the other co-owners.  
 
Joint ownership of a patent occurs simply by applying for a patent with other people. Co-inventors don't need to work together or at the same time on an invention. Nor is it necessary that they each make the same type or amount of contribution. Each co-inventor must simply contribute, in some manner, to the development of the idea of the invention.
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I'm not sure of the implications of such a thing.. but unless the idea came from your friend, and unrelated to your line of work. I guess this means this is not close to any projects you have been currently assigned.
 
You may be liable for disclosing information of a confidential nature to another party ie your friend. Otherwise how on earth could your friend have contributed without knowing what to contributeHuh
 
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Bill Richards
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Re: Two Inventors, Two Companes
« Reply #11 on: Nov 9th, 2006, 3:44am »
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on Nov 8th, 2006, 10:54pm, Hea Hear wrote:

But the fact remains he was working jointly with another person who is not related to the company.

Not relevant for the person who does work for the company.  The issue is the relationship between one of the possible inventors and his employer.
 
on Nov 8th, 2006, 10:54pm, Hea Hear wrote:

An invention's patent is considered personal property. Under patent law, each co-inventor named on a patent application owns that property. In the absence of any agreement, each co-inventor owns 100 percent of the patent, regardless of how much each individual contributed to the invention. Patent law gives co-owners of a patent the right to make, use, license, sell and import the patented invention within the United States in whatever way they please, without the consent of the other co-owners.  
 
Joint ownership of a patent occurs simply by applying for a patent with other people. Co-inventors don't need to work together or at the same time on an invention. Nor is it necessary that they each make the same type or amount of contribution. Each co-inventor must simply contribute, in some manner, to the development of the idea of the invention.
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I'm not sure of the implications of such a thing.. but unless the idea came from your friend, and unrelated to your line of work. I guess this means this is not close to any projects you have been currently assigned.

True in general, but, see Banks:  "The general rule is that an individual owns the patent rights . . . .  There are two exceptions to this rule: . . . where the employee is hired to invent something to solve a particular problem . . . ."
My point is that without specific facts (which should not be posted here) it's not possible to give an opinion.  Generalities are fine, but where exceptions exist, care must be taken.
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William B. Richards, P.E.
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Hear Hear
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Re: Two Inventors, Two Companes
« Reply #12 on: Nov 10th, 2006, 4:02pm »
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lol...  
 
 
k lol... Ok we are all agreeded that there are two parties that are likely to have rights to the invention
 
1) The company
2) His friend.
 
 
I didnt seem to make it clear.. but that was my intention since my first posting..
 
There.. Smiley
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Rajeev_Madnawat
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Re: Two Inventors, Two Companes
« Reply #13 on: Dec 10th, 2006, 6:19pm »
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I don't see it that way. "Hired to invent" does not automatically cover "all inventions" by the inventor employee.  
 
Quote:
 
"The general rule is that an individual owns the patent rights to the subject matter of which he is an inventor, even though he conceived it or reduced it to practice in the course of his employment. There are two exceptions to this rule: first, an employer owns an employee's invention if the employee is a party to an express contract to that effect; second, where an employee is hired to invent something or solve a particular problem, the property of the invention related to this effort may belong to the employer. Both exceptions are firmly grounded in the principles of contract law that allow parties to freely structure their transactions and obtain the benefit of any bargains reached."
 
Pay attention to the language -
"where an employee is hired to invent something or solve a particular problem, the property of the invention related to this effort may belong to the employer"
 
 
 
on Nov 8th, 2006, 4:51am, Bill Richards wrote:

Not true.  Hired-to-invent is "firmly grounded in the principles of contract law".  See, e.g., Banks v. Unisys, 00-1030 (Fed. Cir. 2000).
 

« Last Edit: Dec 10th, 2006, 6:20pm by Rajeev_Madnawat » IP Logged

Rajeev Madnawat, Patent Attorney , San Jose, CA

WARNING: This public message board posting is designed for a general discussion on the subject matter. This is not a legal advice.
kennethc
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Re: Two Inventors, Two Companes
« Reply #14 on: Dec 14th, 2006, 9:08pm »
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how about file until your wife name ?
 
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