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Is it Patentable?
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   IP final...here was my patent question
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MindShock3
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IP final...here was my patent question
« on: Dec 11th, 2006, 11:14am »
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Here goes the question..
 
MakeIT a widget company created a method to make widgets more efficiently, nine months ago, six months ago it began to use it to make widgets more efficiently saving 25% in production costs.  All employees of MakeIT have signed non-disclosure agreements , so did the engineer, Stacy, that made the process.  
 
The method at its creations satisfied all the necessary requirements for patentablity, novel, non-obvious and useful.
 
An engineer at StolIT, MakeITs competitor took Stacy out and got her hammered and she spilled the beans regarding the method.  
 
One week ago MakeIT filed for a patent.  Are there any issues that may bar MakeIt's patent?
 
Briefly i used In re Forester to answer the question which i think says obviousness is determined 1 year prior to filing not at filing or the date of invention, so just because StolIT has the method, it doesn't make the method obvious.
 
The second part of the exam dealt with trade secrets.
IP Logged
Wiscagent
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Re: IP final...here was my patent question
« Reply #1 on: Dec 11th, 2006, 6:29pm »
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In your scenario, you did not present any events that would trigger 35USC102 or 103 problems with a US application by MakeIt. I don't see the need to reference any case law in the answer.
 
There might be problems in other countries.
« Last Edit: Dec 11th, 2006, 6:30pm by Wiscagent » IP Logged

Richard Tanzer
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Sudhir Aswal
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  sudhiraswal  
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Re: IP final...here was my patent question
« Reply #2 on: Dec 16th, 2006, 1:14am »
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Yes you can hit the patent grant on the grounds of wrongful obtaining as the Applicant does not have any legal right over the invention and is not the true and first inventor of the invention and as result you may get the patent as far as the invention belongs to you in your name.  
 
But the exact remedy depends upon the special facts and circumstacnes of your case.
 
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Sudhir Kumar Aswal
Patent Attorney, India
Aswal Associates
www.aswalassociates.com
Stewie
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Re: IP final...here was my patent question
« Reply #3 on: Dec 16th, 2006, 12:14pm »
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on Dec 16th, 2006, 1:14am, Sudhir Kumar Aswal wrote:
Yes you can hit the patent grant on the grounds of wrongful obtaining as the Applicant does not have any legal right over the invention and is not the true and first inventor of the invention and as result you may get the patent as far as the invention belongs to you in your name.

It looks like you misread the hypo.  The facts don't state that StolIT filed for a patent.
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ChrisWhewell
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Re: IP final...here was my patent question
« Reply #4 on: Dec 16th, 2006, 1:06pm »
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MakeIT cannot file for patent, in the US at least, where application for patents must be made in the name of the inventor.  
 
By not naming at least one real person as inventor, the patent application will be rejected for lack of inventorship.
 
 
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Chris Whewell, M.S.
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