Re: Re: Re: Patent someone else's idea????

Subject: Re: Re: Re: Re: Patent someone else's idea????

Comments:
: : : : Is it possible to patent someone else's idea? An acquaintance mentioned a "this product would be better if it could do this" statement. I have the capabilities and ideas to make this product better, but who's idea is it and if I end up patenting and selling this product, am I obligated to share? : : : Dear MB, : : : In order to get a valid patent you must be the inventor. Ideas are not patentable. If your concept of an invention is and embodiment of someone else's idea you still may be the inventor. : : : For instance if someone said to Edison, "we ought to have an electric light", that does not stop Edison from being the inventor or what he created. : : : You have a sophisticated legal question of law and fact. You may also may have a problem with your friend. You had better document what you do if you go further. : : : Since not every good idea is patentable and not every patent gives the protection that you need, there is still need for a Reality Check™ : : : 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™ : : : E arly L egal A dvice I s N ot E xpensive™ : : : : Thanks for the advice. The person who mentioned this idea is not someone I consider a friend. I was more concerned with making a huge effort for this product only to have it yanked out from under me. I have documented the conversations with this person and I am not afraid of losing contact with them. : Dear MB, : Good luck. If you divulge or use your invention before the first patent application is filed, you may not be able to get Valid foreign patents. Written confidentiallity is important. : 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™ : 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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