Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

We are looking for moderators.  Message the admin if interested.

Author Topic: Co-Inventors don't want to file. I do  (Read 953 times)

JohnSmiths

  • Newbie
  • *
  • Posts: 2
    • View Profile
Co-Inventors don't want to file. I do
« on: 12-19-17 at 02:17 pm »

Hi,
I have a problem with IP ownership that I need help resolving.
Short background:
3 people all working together at the same company, come up with a product idea that could be made by our employer. A decision is made to quit our jobs and go out alone, file etc.
Push comes to shove, only I take the risk to quit. Few months on, still no patent filed, I'm doing all the work to find funding etc.
Verbally the other guys say, that they are not going to quit/don't believe in the IP anymore, but no one wants to sign anything.
I am committed and believe in the product, can I file alone and if so what claims will they have? I just know if I am successful suddenly everyone will feel they are owed a third.
What are my options?
Logged

Tobmapsatonmi

  • Lead Member
  • *****
  • Posts: 997
    • View Profile
Re: Co-Inventors don't want to file. I do
« Reply #1 on: 12-19-17 at 02:35 pm »

I'd say you need to sit down with an attorney and go over the whole situation in person. 

Are the other guys really inventors in the patent legal sense? 

Are you going to be sued by your former employer for theft of its intellectual property? 

That sort of thing.
Logged

JohnSmiths

  • Newbie
  • *
  • Posts: 2
    • View Profile
Re: Co-Inventors don't want to file. I do
« Reply #2 on: 12-19-17 at 04:03 pm »

I am not concerned on the company front, we were very careful on that front. I left a while ago.
Logged

fewyearsin

  • Senior Member
  • ****
  • Posts: 375
    • View Profile
Re: Co-Inventors don't want to file. I do
« Reply #3 on: 12-19-17 at 04:58 pm »

First, yes, talk to an attorney.

If they are inventors in the legal sense, and none of you are under an obligation to assign (give) your invention/patent to the company, then each of you are co-owners of the invention/patent.  So if any one of them decides to sell/license/give away the patent, that is their right.  So you DEFINITELY want something in writing from them assigning their portion to you.

Watch your timeline, too.  If it's been months, the clock is ticking.  Have any of you publicly disclosed your idea?  Time is of the essence.
Logged
This comment: does not represent the opinion or position of the PTO or any law firm; is not legal advice; and represents only a few quick thoughts from the author, not a well-researched treatise.  Seek out the advice of a competent patent attorney for answers to specific questions you may have.
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.238 seconds with 20 queries.