Re: Re: Infringement? Ownership?

Subject: Re: Re: Re: Infringement? Ownership?

Comments:
: : : I developed a new product while working with company A. Company A began manufacturing this product and then applied for a patent. I have left the company and want to manufacture this product on my own. I never signed an NDA, intellectual property agreement, or contract. If a patent is issued for this product and I am not listed as an inventor - do I have any rights? : : Patent law assumes that the inventor retains all rights to the invention unless those rights are expressly or impliedly conveyed or licensed to another by law. Employment may imply an understanding between the parties that a license or conveyance was intended. : : Thus, the nature of your relationship with company A will ultimately determine who is entitled to exercise the patent rights. These cases are highly fact specific and also involve careful consideration of state contract/agency law. : : If you really believe the invention has commercial potential, get an attorney. Also be prepared to pay some substantial attorney's fees if litigation is necessary. : : Mike : Dear Mike, : When I started to read your answer, I began to think that you were an attorney. You hit the nail right on the head. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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Do not disclose any details of any patent idea. See a lawyer.
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