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I have an Invention ... Now What?
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   need help with patent rights
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   Author  Topic: need help with patent rights  (Read 498 times)
booboocakesjones
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need help with patent rights
« on: Nov 6th, 2006, 2:46pm »
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a friend of mine invented a medical instrument about 17 years ago- he still has the patent.  the product did ok, but then he lost some hope and gave up...
 
some years ago, about 10, he "made a contract" with someone else. In the contract, he made an agreement to sell the NAME and a "right to manufacture the instrument" for a small sum.  There was a clause to give a percentage of all earnings also.
 
Now some years later, the product seems to be selling well.  However my friend has not seen a penny.  I found the product online, on multiple websites.  I told him, and he called the other party, but they acted surprised to hear from him, and more surprised that there "ever was a contract".  Unfortunately, my friend cannot find the contract.
 
What are his rights?  He asked the other party to produce the contract, they agreed but still haven't produced it after a month.  If the contract is lost, who do the rights of the product go to?  My friend still has the patent, so shouldn't he be able to get some of the money he well deserves?
 
thanks so much for any help!
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Dr._Shilpa_Arora
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Re: need help with patent rights
« Reply #1 on: Nov 8th, 2006, 4:17am »
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If your friends name is registered as an inventor in respect of the same patent and the said co. is using that invention, your friend depending upon the local limitation law as well as Patent law provisions can take action.
 
Dr. Shilpa Arora
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Sudhir Aswal
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Re: need help with patent rights
« Reply #2 on: Nov 8th, 2006, 4:20am »
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Hi Shilpa,  
Please see it is mentioned in the query that his friend is the patentee for the invention. Furhermore regarding legal part (limitation) you are right.
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Sudhir Kumar Aswal
Patent Attorney, India
Aswal Associates
www.aswalassociates.com
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