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   Contingency!
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   Author  Topic: Contingency!  (Read 3422 times)
MattB
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  mbycer   MBycer
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Re: Contingency!
« Reply #5 on: Dec 18th, 2007, 12:41pm »
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I know of many patent practitioners who do patent prosecution in return for a share of whatever profits/royalties the resultant patent generates.  They set up an LLC to own the patent with each having a share.  The inventor assigns the patent rights to the LLC.  Quite straightforward and happens all the time.

 
Hello Bill,
 
Does this not pose a conflict of interest?  Say you take ownership in a patent for a medical device, get a goo patent issued, in which you own rights.  The next medical device inventor asks you to write a patent.  Would you be conflicted if the two patents overlap (one cited against the other)?  Would this not affect how you draft the claims?
 
Would you preclude yourself from any potentially related ideas?
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Matthew L. Bycer
Registered Patent Attorney
http://www.bycer.com
http://www.cvglaw.com
Bill Richards
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Re: Contingency!
« Reply #6 on: Dec 28th, 2007, 9:24am »
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on Dec 18th, 2007, 12:41pm, MattB wrote:
Does this not pose a conflict of interest?  Say you take ownership in a patent for a medical device, get a goo patent issued, in which you own rights.  The next medical device inventor asks you to write a patent.

I think in that case I would decline representation of the second invention.  Even when I don't have an interest in the prior patent, I think long and hard about moving into an area of technology that is occupied by a current client.  At many times during the prep and pros I might have conflicting information from both clients, especially if both are active in the area.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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