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Topic: Record of Conception (Read 1880 times) |
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lajay
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Posts: 3
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Record of Conception
« on: Jun 17th, 2007, 2:24pm » |
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I concieved a product idea in May 2006. I forwarded a typed description of the idea to a schoolmate who became interested in helping me patent and market the idea. In Oct. 2006 we filled a PPA for the idea undr both of our names. I can prove I wrote the PPA while he helped me with the technical descriptioons and drawings. Nevertheless, the PPA is in both of our names.
Now in June 2007 this former schoolmate wants to break off from me in order to develop, patent, and market the idea on his won. He feels he can do this because we filled the PPA under both of our names. Once I complete the full patent within the next two months, how likely am I to win an infringement suit based on a Record of Conception that is prior to our joint PPA? i haven't yet reduced the invention to practice; however, I am in the process of doing that now.
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Isaac
Senior Member
Posts: 3472
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Re: Record of Conception
« Reply #1 on: Jun 18th, 2007, 12:42pm » |
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on Jun 17th, 2007, 2:24pm, lajay wrote:| I concieved a product idea in May 2006. I forwarded a typed description of the idea to a schoolmate who became interested in helping me patent and market the idea. In Oct. 2006 we filled a PPA for the idea undr both of our names. I can prove I wrote the PPA while he helped me with the technical descriptioons and drawings. Nevertheless, the PPA is in both of our names. |
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Is your schoolmate a coinventor? If not, what does "filed under both of our names" mean? The details surrounding who wrote what part of the application are irrelevant. The question is who invented what.
If "filed under both of our names" simply refers to an assignment of rights, then your ability to prove prior invention to the provisional is also irrelevant. The assignment is an agreement to share patent rights and the details of that agreement determine what you are able to do with respect to the invention rights.
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Isaac
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Chris Rodgers
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When I say "filed under both our names", I am referring to the Provisional Patent Application. I included both of our names on the Provisional Patent Application as coinventors.
Beyond that we do not have an agreement on how to share rights. So, are you saying that regardless of my documentation showing that the product was my idea, because we have the Provisional Patent in both our names, everything else is irrelevant?
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Isaac
Senior Member
Posts: 3472
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Re: Record of Conception
« Reply #3 on: Jun 18th, 2007, 7:51pm » |
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on Jun 18th, 2007, 7:35pm, Chris Rodgers wrote:So, are you saying that regardless of my documentation showing that the product was my idea, because we have the Provisional Patent in both our names, everything else is irrelevant?
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That's not quite what I'm saying.
I'm suggesting that if your schoolmate is not a coinventor you shouldn't file patent applications stating otherwise and then rely on proving that the initial filing was incorrect and possibly deceptive.
If you want to share an invention, there are other means of accomplishing a sharing that don't involve deceit.
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Isaac
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biopico
Full Member
Posts: 434
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Re: Record of Conception
« Reply #4 on: Jun 18th, 2007, 9:03pm » |
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on Jun 17th, 2007, 2:24pm, lajay wrote:I concieved a product idea in May 2006. I forwarded a typed description of the idea to a schoolmate who became interested in helping me patent and market the idea. In Oct. 2006 we filled a PPA for the idea undr both of our names. I can prove I wrote the PPA while he helped me with the technical descriptioons and drawings. Nevertheless, the PPA is in both of our names.
Now in June 2007 this former schoolmate wants to break off from me in order to develop, patent, and market the idea on his won. He feels he can do this because we filled the PPA under both of our names. Once I complete the full patent within the next two months, how likely am I to win an infringement suit based on a Record of Conception that is prior to our joint PPA? i haven't yet reduced the invention to practice; however, I am in the process of doing that now.
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What is your friend's motivation to become an inventor? Was it all about friendship?
If inventorship is wrong, you'd better correct it asap although it is not required for provisional app.
Inventorship with deceptive intent constitutes inequitable conduct, which will lead to invalidating your patent if you ever get a patent.
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