Re: Intellectual Property/Patent Question

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Posted by Richard Heineman on September 29, 1998 at 16:54:50:

In Reply to: Intellectual Property/Patent Question posted by Glen West on July 29, 1998 at 22:09:17:

: I hope this fits within the topics of this discussion group.

: I am writing a novel, and have a question about a situation I put one of my characters in. He was an officer in the US Army Corps of Engineers. While employed by them, using their equipment, but on his own time, he creates an invention. It's a revolutionary thing (like the first Telephone), with both civilan and military uses. While he's inventing this thing, he's presumed dead (don't ask, necessary for the plot). When he comes back with this invention, I want him to own it, or at minimum a 50-50 split with the military. Upon his return, he will have access to millions of $ to litigate, if necessary, but everyone will want the invention kept secret.

: So here's the question: Is this legally possible? What references can I cite? What difficulties will I have with this proposal?

: I'd appreciate any info on this, as I'm getting to the point in my book where I have to explain it all. Thanks for any help you can provide.

Dear Glen,

Assuming that this is according to the law of England or similar to the law of England, I believe that it is legal for the man to own this invention. He should have a patent on it before he reveals to everyone that he has this invention. It is a very controversial subject, but if he did not have the militaries approval to make this invention, than they could fire him or maybe even try to get part of the benefit for the invention. However, if the man had the military’s approval to invent this, than it is his until he creates another copy of it. This copy must, of course, be his material. I am assuming that he used his own material to manufacture the original product and only used the military’s equipment as opposed to their material.

I have answered this as best I can without looking up anything and only judging by what I know.

I would like to know what your book is called so that I might read it. Thank you.

Yours sincerely,
Richard Heineman

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Comments:
: : I hope this fits within the topics of this discussion group. : : I am writing a novel, and have a question about a situation I put one of my characters in. He was an officer in the US Army Corps of Engineers. While employed by them, using their equipment, but on his own time, he creates an invention. It's a revolutionary thing (like the first Telephone), with both civilan and military uses. While he's inventing this thing, he's presumed dead (don't ask, necessary for the plot). When he comes back with this invention, I want him to own it, or at minimum a 50-50 split with the military. Upon his return, he will have access to millions of $ to litigate, if necessary, but everyone will want the invention kept secret. : : So here's the question: Is this legally possible? What references can I cite? What difficulties will I have with this proposal? : : I'd appreciate any info on this, as I'm getting to the point in my book where I have to explain it all. Thanks for any help you can provide. : Dear Glen, : Assuming that this is according to the law of England or similar to the law of England, I believe that it is legal for the man to own this invention. He should have a patent on it before he reveals to everyone that he has this invention. It is a very controversial subject, but if he did not have the militaries approval to make this invention, than they could fire him or maybe even try to get part of the benefit for the invention. However, if the man had the military’s approval to invent this, than it is his until he creates another copy of it. This copy must, of course, be his material. I am assuming that he used his own material to manufacture the original product and only used the military’s equipment as opposed to their material. : I have answered this as best I can without looking up anything and only judging by what I know. : I would like to know what your book is called so that I might read it. Thank you. : Yours sincerely, : Richard Heineman

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