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   No Objection Letter
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   Author  Topic: No Objection Letter  (Read 1182 times)
SoloEsq
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Posts: 11
No Objection Letter
« on: Feb 20th, 2007, 10:42am »
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What if your company is not interested in pursuing a patent and they have no objection with you -an inventor getting a patent on his own, what kind of points do you wish to be covered in no objection letter form the company ?  Huh
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biopico
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Posts: 434
Re: No Objection Letter
« Reply #1 on: Feb 20th, 2007, 1:10pm »
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The employer "Company A" has no interest whatsoever in pursuing and/or being any part of patent protection for the claimed invention.  
 
on Feb 20th, 2007, 10:42am, SoloEsq wrote:

What if your company is not interested in pursuing a patent and they have no objection with you -an inventor getting a patent on his own, what kind of points do you wish to be covered in no objection letter form the company ? Huh

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Registered Patent Agent Specializing in All Areas of Biotechnology
Isaac
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Re: No Objection Letter
« Reply #2 on: Feb 20th, 2007, 2:20pm »
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on Feb 20th, 2007, 1:10pm, biopico wrote:
The employer "Company A" has no interest whatsoever in pursuing and/or being any part of patent protection for the claimed invention.
 

 
Some important things that such a document should encompass:
 
a) signed by someone with the authority to bind the employer
b) contains a description of the metes and bounds of intellectual property involved sufficient to identify what the parties are agreeing not to fight about
c) permission expressed in language that at least negates the appropriate language is in the employment agreement requiring the assignment to the employer or alternatively that invokes language in an employment agreement specifying inventions that belong to the employee.  
d) some consideration or other mechanism for making the agreement binding.
 
I'm not convinced that an expression of disinterest by the employer would be enough unless the employment agreement said so.
 
Even with all of that, there can still be issues concerning being able to describe things in your application that your employer views as a trade secrets but for which disclosure is required for getting a patent.
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Isaac
SoloEsq
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Re: No Objection Letter
« Reply #3 on: Feb 21st, 2007, 8:57am »
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Thanks Isaac.   Roll Eyes
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