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   Please Advise/ Tricky Question!!!
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   Author  Topic: Please Advise/ Tricky Question!!!  (Read 673 times)
tablefortwo
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Please Advise/ Tricky Question!!!
« on: Jan 8th, 2007, 4:56pm »
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Inventor signs a licensing agmt with a development firm for a new product idea. The firm will license the new product to companies and inventor splits royalties with firm according to terms on contract. While developing the idea, the firm drastically changes the design and also discovers a new use and application for the design. Now not only has the design changed significantly, but the use. The inventor is named in the patent (showing all the design options) but their are no claims made regarding this new usage. Is the inventor entitled to royalities on the new application and usage? But/for the invention being developed the new product usage and idea would not exist.  Is this a contracts question? Please advise of the rights of the inventor.
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Bill Richards
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Posts: 758
Re: Please Advise/ Tricky Question!!!
« Reply #1 on: Jan 30th, 2007, 3:01am »
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Perhaps the reason no one has replied to your question by now is that it's not possible to answer in the abstract.  For example, the wording of the license agreement may be very important.  Too, Inventor may have rights in the new application, but it's impossible to tell from the facts presented.  (And, on a public forum, you should go no further.)
Yes, it is a contracts question, but there are some patent-related questions WRT the new app.
Suggest you engage legal assistance.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
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patag2001
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Re: Please Advise/ Tricky Question!!!
« Reply #2 on: Mar 19th, 2007, 6:33pm »
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A patent is granted to whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements 35 U.S.C. 101.
 
I don't see any reference to the how the invention is used per the above.
 
I hope this helps!
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