The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
May 22nd, 2019, 7:25am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Assignments and Licenses
(Moderators: Forum Admin, JimIvey, JSonnabend)
   2 patents issued exactly alike
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: 2 patents issued exactly alike  (Read 2057 times)
tom knightlinger
Guest
2 patents issued exactly alike
« on: Jan 13th, 2006, 5:06am »
Quote Quote Modify Modify Remove Remove

I invented a product and went to a prototype maker to help me. After we finished and he wanted to be mentioned on patent. I disagreed and told him I would give him 25% of LLC,which I did. He went and filed for a patent on his own and received from PTO. His was given three months after mine was. In the LLC there was a non-compete clause for any member for five years. I have lost all interest in selling product now because of this. The product was selling very nicely. My question is: Do I have any recourse for this matter?
Thanks for any info
POPA Huh
IP Logged
Isaac
Senior Member
****




   


Posts: 3472
Re: 2 patents issued exactly alike
« Reply #1 on: Jan 13th, 2006, 10:05am »
Quote Quote Modify Modify

Your fact pattern suggests a number of possible courses of action.  I'd highly recommend consulting with a patent attorney in a confidential setting.
IP Logged

Isaac
Timothy L. Bradley
Guest
Re: 2 patents issued exactly alike
« Reply #2 on: Nov 18th, 2006, 3:08pm »
Quote Quote Modify Modify Remove Remove

in regards to Mr. Knightlingers letter, I am one of the patent holders, and hear to give both sides of the story.
The Truth is Mr. Knightlinger came to me with an Idea. as a model builder  my brother and I reduced what was an IDEA to practice and changed and modified our models to make the idea work, you can not patent an Idea, and the laws say if a model builder is not hired buy the Idea person, and that model builder ads to or puts his ideas into the product then that person or persons should be included on that patent.
Mr. Knightlinger refused to include us in the patent, so in order to protect ourself and do THE RIGHT THING, we filed for a patent and included Mr. Knightlinger on the patent, and that patent was issued three months before his, the dates do not lie. The perpose of this letter for anyone out there reading is. I hate to say it but you can not trust anyone, get things in writting and cover your self. If you have not been monitairly compensated for your ideas and you help develope some thing you have rights, and from exsperience I can tell you it is worth the money to consult with a patent attorny or agent to protect what is rightfully yours.
 
Timoth L. Bradley  
 
Juneau Alaska
IP Logged
Bill Richards
Full Member
***




   
WWW Email

Posts: 758
Re: 2 patents issued exactly alike
« Reply #3 on: Nov 18th, 2006, 6:47pm »
Quote Quote Modify Modify

Reducing an invention to practice, in and of itself, does not entitle one to inventorship.  Inventorship is highly fact-sensitive and only a qualified patent practitioner can make that [initial] determination.  Depending upon the "changes and modifications" to the model, Mr. Bradley and his brother may or may not be inventors.  With all due respect to Mr. Bradley, the law is not as crystal clear regarding model builders as his statement might suggest.  Trust me on this, I have given entire seminars on the subject of inventorship alone.  And, this is not the place to get into a "swearing contest" about this matter.  You each need to contact a qualified patent attorney to help sort this out.  An error in inventorship can jeopardize the patent itself.
IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
Timothy Bradley
Guest
Re: 2 patents issued exactly alike
« Reply #4 on: Nov 20th, 2006, 5:42pm »
Quote Quote Modify Modify Remove Remove

Thank you Mr. Richards for your reply, I would have to agree with you that the laws are not as simple as I may have made them sound. I feel the perpose of my response to Mr. Knightlinger problem was to inform people that when somoeone comes to you and asks for help in developing something, keep track of progress and document what you have added and under what direction. Monitairly or such. I can not stress enough how important it is to get things in writing.
I do feel the law is pretty clear on what people are intitled to. to tweek an already difined idea is one thing, but to take what would not work as described and completly modify and alter, to bring a loose concept and I stress loose, to fruition then you have some entitlement.  
I find this forum very intresting and hope what I am saying is helpfull to anyone stepping out with people you do not know and starting a venture with them.
 
people so offten start with great intentions and like many things, Money and the possability of making some turn people to do funny things, like forget how it got there and who went above and beyond to get them there.
 
Tim Bradley
IP Logged
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board