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Author Topic: Who can assign ?  (Read 731 times)

ChrisWhewell

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Who can assign ?
« on: 04-29-11 at 02:35 pm »
Lets say a single mom has a 16 y.o. daughter who invents a new fantastic curling iron.  But the mom is a wreck, spends her money and time on the town with various acquaintances but never has been able to settle down stably.  The daughter's friends' dad is a patent practitioner who prepares and files a spec which is examined and allowed in 6 months.

The mom finds out, tells her boyfriend, who then offers her $1000 cash if mom will execute an assignment.  Being behind on her bills, the mom executes the assignment.

Has the daughter any recourse ?   Or, is the answer venue-dependent ?  Does a 16-year old have any IP rights ?  Constitutionally, it seems on its face the answer ought be yes.   I'm asking b/c a friend atty is giving a presentation at a HS on patents and was asked this by one of the students !!
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MYK

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Re: Who can assign ?
« Reply #1 on: 04-29-11 at 11:41 pm »
It's going to depend on state-level contract and personal property law.  35 USC 261, patents are (mostly) treated like personal property.

Unfortunately, the cases on parental sales I've found tonight all seem to deal with real property, not personal.  (Hoyt v Hammekin, for one dealing with TX.)

On the plus side, it's TX, so the daughter could protect her property by shooting the patent rustlers. :)
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Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Isaac

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Re: Who can assign ?
« Reply #2 on: 04-30-11 at 09:27 pm »
Quote from: ChrisWhewell on 04-29-11 at 02:35 pm
Has the daughter any recourse ?   Or, is the answer venue-dependent ?  Does a 16-year old have any IP rights ?  Constitutionally, it seems on its face the answer ought be yes.   I'm asking b/c a friend atty is giving a presentation at a HS on patents and was asked this by one of the students !!

A 16 year inventor has a right to her invention. The question is whether mom can assign the right on behalf of her daughter, and under what circumstances.   Federal law is not much help in deciding that question.   The daughter may have a cause of action against her mom.  Depending on whether the receiver was a bona fide purchaser or not, there may be no recourse against the purchaser.

The answer probably is not venue dependent, but is instead jurisdiction dependent (which is probably really what you meant.
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