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Topic: Record of Conception (Read 1881 times) |
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lajay
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Posts: 3
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Re: Record of Conception
« Reply #5 on: Jun 18th, 2007, 9:33pm » |
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So I have until Oct 2007 to complete my full patent application. (The PPA was from Oct. 2006). Are you advising that when I file the full patent within the next 2 months, I should file it under my name only? Then if it is disputed in court, I prove that I was the original inventor?
The reason I originally allowed my schoolmate to be designated as a coinventor on the PPA is because in order to build and test the product (It is a hardware and software product), I would need an electrical engineer. He is an electrical egineer and although the products features and functions are my idea, I am not an engineer. So, I included him as a coinventor on the PPA under the assumption that he would help me build and test the product in preparation for the full patent and getting investors, etc. Would that constitute as deceit?
Now he wants to develop the product on his own and he is using the fact that he is designated as a coinventor on the PPA as a license to do it. His expectation is that when the full patent is filed and the original PPA is referenced that by default he will be a 50% owner in the full patent as a "coinventor". Now he wants to set up his own company to market the product using the argument that he is a coinventor.
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| « Last Edit: Jun 18th, 2007, 9:54pm by lajay » |
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PA
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Re: Record of Conception
« Reply #6 on: Jun 19th, 2007, 12:32am » |
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on Jun 18th, 2007, 9:33pm, lajay wrote:So I have until Oct 2007 to complete my full patent application. (The PPA was from Oct. 2006). Are you advising that when I file the full patent within the next 2 months, I should file it under my name only? Then if it is disputed in court, I prove that I was the original inventor?
The reason I originally allowed my schoolmate to be designated as a coinventor on the PPA is because in order to build and test the product (It is a hardware and software product), I would need an electrical engineer. He is an electrical egineer and although the products features and functions are my idea, I am not an engineer. So, I included him as a coinventor on the PPA under the assumption that he would help me build and test the product in preparation for the full patent and getting investors, etc. Would that constitute as deceit?
Now he wants to develop the product on his own and he is using the fact that he is designated as a coinventor on the PPA as a license to do it. His expectation is that when the full patent is filed and the original PPA is referenced that by default he will be a 50% owner in the full patent as a "coinventor". Now he wants to set up his own company to market the product using the argument that he is a coinventor.
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You appear to be under a number of misconceptions, particularly with the law on inventorship. It is common for inventors to confuse inventorship with attribution or reduction to practice. While others here may be able to provide additional, general guidance, you really should see an attorney to clear up specific issues.
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Isaac
Senior Member
Posts: 3472
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Re: Record of Conception
« Reply #7 on: Jun 19th, 2007, 6:23am » |
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on Jun 18th, 2007, 9:33pm, lajay wrote:| So, I included him as a coinventor on the PPA under the assumption that he would help me build and test the product in preparation for the full patent and getting investors, etc. Would that constitute as deceit? |
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Perhaps your filing was a result of not understanding inventorship and was not deceitful.
Inventorship is determined by who conceived the subject matter of the claims. While you may have conceived an invention, the claimed invention may include additional subject matter conceived by your engineers. On the other hand, your classmates contribution might be solely reduction to practice activity and not inventive. There's simply no way for us to tell.
One thing to remember is that a patent does not give a right to practice an invention. It might well be that you can draft a patent drawn to your own invention that your classmate would need to license in order to practice the joint invention.
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Isaac
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lajay
Newbie
Posts: 3
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Re: Record of Conception
« Reply #8 on: Jun 19th, 2007, 5:34pm » |
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Thank you for all of your help.
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| « Last Edit: Jun 20th, 2007, 9:37am by lajay » |
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