Re: Re: Digital Audio: first-use patent rights

Subject: Re: Re: Re: Digital Audio: first-use patent rights

Comments:
: 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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