The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
May 25th, 2019, 12:46am

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 2061 times)
Bill Richards
Full Member
***




   
WWW Email

Posts: 758
Re: 2 patents issued exactly alike
« Reply #5 on: Nov 20th, 2006, 5:54pm »
Quote Quote Modify Modify

Mr. Bradley's comments bring to mind another admonition.  That is, to sign an agreement which covers IP rights BEFORE work begins.  During my tenure with a major research lab, this kind of document was mandatory.  At least, if things go sour, the parties have a set of guidelines by which to conform their actions.
IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
It Takes a Village
Guest
Re: 2 patents issued exactly alike
« Reply #6 on: Nov 21st, 2006, 8:17am »
Quote Quote Modify Modify Remove Remove

Invention and product development often do not convey entitlement. The patent applications I write, and the inventions they describe, are typically owned by my clients ... and not the inventors. My clients hire engineers and scientists to invent things. The inventors are typically under obligations to assign any ownership of their inventions to their employers. I don't know the specifics of the situation at hand ... but I can see misunderstandings toward identifying inventorship and misunderstandings toward ownership in inventions are present in some of the above messages.
 
One message says:
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.  
 
That is rather generally false. If it were true, I would have entitlements in many of the patent applications I write. Inventors invent, patent practitioners patent, assembly line people assemble, truck drivers deliver, and consumers consume so the inventors, practitioners, assemblers, and drivers get paid. We're all part of the fruition process. Inventing is typically not a holy sacred art ... it's more typically just a job.
 
I try to diplomatically confront misunderstandings over inventorship and ownership whenever I see them. Often such misunderstandings are at the center of public distrust of our patent system.
 
IP Logged
Isaac
Senior Member
****




   


Posts: 3472
Re: 2 patents issued exactly alike
« Reply #7 on: Nov 21st, 2006, 9:27am »
Quote Quote Modify Modify

on Nov 20th, 2006, 5:42pm, Timothy Bradley wrote:
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.

 
There is no way we can sort out who owns what here.   Even taking your description at face value, it's perfectly possible that the two of you could draft two different patent applications (possibly having the identical disclosure) having claims drawn to inventions for which there is different ownership.   But that might all be besides the point.
 
Ideally what should have happened at the outset is that the two of you agreed on how the ownership of the resulting intellectual property resulting from your collaboration was divided regardless of who invented what.    Whether or not that agreement happened and whether the default arrangement from the applications as filed reflect that is something you guys might well disagree on.
 
The commnent of "It takes a Village" is squarely on point IMO.
IP Logged

Isaac
Tim Bradley
Guest
Re: 2 patents issued exactly alike
« Reply #8 on: Nov 22nd, 2006, 12:39pm »
Quote Quote Modify Modify Remove Remove

Thank you all for your input and replies,  Mr. Richards point of people signing things when they work for others seems true and that would be the difference of some one being payed to invent something vs. a collabaration of individuals who all add to the end result, if it is the Village then all should benifit. I do not take away the importance of  patent engeeneers and writers, agents, without them a patent could never be written, it is what they are holding in there hand that gives them the abbility to start that process. I see everyones point, to a point. again to be hired buy someone is one thing, to be asked to help with intentions of all being involved is anouther.  
when we took our idea to our patent aggent, he said the reason any of us were there is because of an Idea, that my brother and my self proved was modified and added to. Enough to show that without our ideas it would not work, but at the same time felt in all fairness Mr. Knightlinger should be included on the patent, we aggreed.  
Again the point all seem to be making is to get things in writting long before it gets to this point.
 
again thank you all for your coments and insite
 
Tim
IP Logged
Bill Richards
Full Member
***




   
WWW Email

Posts: 758
Re: 2 patents issued exactly alike
« Reply #9 on: Nov 24th, 2006, 7:52pm »
Quote Quote Modify Modify

on Nov 22nd, 2006, 12:39pm, Tim Bradley wrote:
but at the same time felt in all fairness Mr. Knightlinger should be included on the patent, we aggreed.  

Again, inventorship is not about "fairness".  It's about a fact-intensive inquiry into who contributed what in terms of the [allowed] claims.  And, it's a determination that must, in the final analysis, be made by the patent attorney working the case.
IP Logged

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