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I have an Invention ... Now What?
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   How do I design around a Patent
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   Author  Topic: How do I design around a Patent  (Read 1298 times)
william1
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How do I design around a Patent
« on: Jan 3rd, 2007, 8:31pm »
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I had my invention  stolen from me 2 years ago by an employee that worked for me and later patenting  my invention as though it were his even though he never worked single hour on it.  I am not ready to give up on my invention and my idea I have spent 4 obcessive years in making it work not to mention 150 K   My question is I want to change the design on the invention I am curious as to how much I have to change of it to make it legal for me to receive my patent. I have been told that if you change one claim on a patent you can patent that same product. I have also been told you must change at least 20 percent of the invention to be able to patent it. How does it work on changing a patent so that you can patent that product. all are invited to weigh in on this topic  Thanks william turtlelot
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CriterionD
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Re: How do I design around a Patent
« Reply #1 on: Jan 4th, 2007, 12:40pm »
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First things first, are you able to document that this was really your invention?
 
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www.criteriondynamics.com
william1
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Re: How do I design around a Patent
« Reply #2 on: Jan 4th, 2007, 10:32pm »
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Hi criterian, I can prove that the invention is mine in every way, from the money and time invested, countless eye witnesses, the gentleman in question though was only a low level employee who has worked for me for a long time, who claims he was working on this idea himself, and in my shop everyday I worked on this, everytime I made progress on this he simply duplicated what I done. I have 21 people who work in my shop and for close to 4 years, I worked on my idea in front of them.  When I finished this guy had already  started his provisional patent application it wasnt until 13 months later that I even found out about this, He received his patent, close to a year later. We are going to court,  How ever this guy doesnt have the money to do anything with the product my concern is him selling the patent as there  is a lucrative market for this as it is an original novelty Idea.  any advice  on designing around the patent how much do I have to change on a design patent and utility patent I know there is always a loop hole, making changes is no problem not sure how to make changes legaly.  Thanks for your reply Kindest regards William turtlelot.
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SoCalAttny
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Re: How do I design around a Patent
« Reply #3 on: Jan 4th, 2007, 11:33pm »
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You are going to need professional assistance.  
 
One key element required to obtaining a patent is that the person who signs the declaration of inventorship must have invented the device. To claim inventorship when not the inventor is fraud.
 
Not to mention the issue raised earlier of proving that you conceived of the invention and began perfecting it prior to the filing by your employee.
 
Get Non Disclosure Agreements from those hired in the future.
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Bill Richards
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Re: How do I design around a Patent
« Reply #4 on: Jan 5th, 2007, 5:29am »
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on Jan 3rd, 2007, 8:31pm, william1 wrote:
I have been told that if you change one claim on a patent you can patent that same product. I have also been told you must change at least 20 percent of the invention to be able to patent it.

SoCal is right, you really do need to see a patent attorney who can help you sort this out.  Based upon the above quote, you have misconceived the patent landscape.  What you're asking (about designing around) is far more complex than what you have described.  (Which is incorrect, BTW.)
One other note.  While having employees sign an NDA is always a good idea, it will still not fully protect you from the kind of activity you have described.  What it does is give you additional avenues to recover your losses.  NDAs are basically contracts and, like other contracts, can be breached.
« Last Edit: Jan 5th, 2007, 5:33am by Bill Richards » IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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