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Re: Re: Digital Audio: first-use patent rights[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by P L on July 17, 2001 at 15:56:21: In Reply to: Re: Digital Audio: first-use patent rights posted by Ned Ericson on July 17, 2001 at 10:16:32: Thank you for the response. Neither (a) nor (b) is applicable. It was invented independently (and many years prior to other subsequent claims), published in a trade journal, and used publicly in a business operation for more than a decade. It should have been (or rather, remained) public domain. The Patent Office didn't do their homework, and awarded several patents recently, all based on the same basic technology that I invented. The proof has already been demonstrated in various venues, and is easy enough to do so whenever required. Therefore, from my understanding of the law, I have "first-use rights" to the technology, in that I can continue to use it without having to pay any license fees (hmmph!). I am not interested in trying to obtain a patent after all this time. What I'm interested in is whether my rights are transferable to an interested buyer as part of a business transaction which would include these intellectual property rights. The patent law seems vague on this question, although it seems quite clear in granting ownership rights to the "original inventor". Thanks for the feedback! : The first question that comes to mind is whether : (a) you invented it independently, but did not pursue patent protection (for whatever reason, such as lack of funding or keeping it a trade secret); and then others invented it independent of you. : or : (b) you had collaborated with other co-inventors (perhaps at a company), and they obtained patents without your knowledge (perhaps contrary to a prior agreement). : In the case of (a), I'd say your case is weak. As for (b), you may have various courses of action, including possible non-patent routes. : There are many other factors, of course, but this seems to be the first decision point. Morever, to actually prevail to your satisfaction, it may take a great deal of time and money to prove that you were the first to invent.
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