Landers
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Posts: 10
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Re: Invention confidentiality
« Reply #5 on: Dec 1st, 2007, 12:14pm » |
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One thing to always keep in mind - even if the co inventors are friends and would never sue you, that doesn't mean you can't be sued.
Their interest in the patent is their property whether they sue you or not. If someone else is entitled to their property THEY may obtain the right to sue you - even if your co inventor friends object.
This can arise if one of them gets a divorce, or if one of them dies, or gets sued by the victim of an accident they caused, or if they declare bankruptcy, etc etc.
Bottom line - always assume that you are dealing with someone who is only after the money, because someone like that might later be able to step into the shoes of your friends.
While your state may impose a duty to assign upon the co inventors, you are far better off getting an assignment. You can record an assignment - you can't record a duty to assign (as far as I know.)
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