If one of the inventors passed away before the patent was complete would his/her spouse get the benifits for the patent. Also how could I find out if an agreement was signed between the inventors and the company?
If the inventor/employee assigned rights (or was under an obligation to do so), then the rights will be in the employer/company. This is the normal way of the world. I paid a builder to build my house. The builder built the house but as I paid him to do so, I own the house even though I did not...Read more »
If you have a patent application that was filed in Tunisia within the last 12 months, then you need to talk to the patent attorney that filed that application about filing a Patent Cooperation Treat application (normally called PCT application).
A PCT application is the front end of more...Read more »
The way to expand your rights beyond the original country of filing is to file a US application within 12 months of filing of the first application. Under the Paris Convention, you can file in the US and the priority date of the later filed US application will be the same as the earlier filed...Read more »
I'm developing a game and it's purpose is to simulate the real life in all of it's aspects, from driving a car to lead a billion-dollar company. I need to use a lot of vehicles (cars, trucks, trains, planes, ships...) and they are based on real life ones. For example, I have a Dodge... Read more »
I doubt that this is a patent question. I would be shocked if Dodge had a design patent on a virtual image of any of its automobiles. Their patents for things in the real world don't apply to images rather than actual automobiles.
Note that phone manufacturers can and do get design...Read more »
A large company is using my patent in their highly successful product without any request for my approval or agreement to compensate myself or the other inventors. Would it be possible to ask for retro active payments for the previous life of said product, or sue them for patent infringement?
Were you employed by this large company when you made the invention? Did you sign paperwork to assign the rights to the invention over to the large company or to some other company which may have passed rights or licensed the large company?
Inventorship and ownership are different things....Read more »
The publication of a patent application and the examination process are not tied. An application is usually published in the US at 18 months after the earliest priority document (this would include an earlier provisional application) but it could be as early as a few months after filing the...Read more »
I'm building an app in an industry that hasnt changed in ages and I want to know if i might need an IP attorney to help file a patent? I realize that i'm being extremely broad but i'm trying to figure where to start. I researched some companies who filed patents like AirBnB,... Read more »
If you are devoting a substantial amount of time or money into this project, then it is a good use of your time to talk with a patent attorney that files patent applications for apps. There are special obstacles in seeking patents in that space so you need some frank advice from someone that has...Read more »
the company has been drawing on her bank account monthly, for several years. How can she get her money back. The "invention" is not worthy of a patent and she should have been notified of that. She is living on government checks and unable to work. What can she do?
This is not an isolated case. Many people of limited means are encouraged to file patent applications that are on a path to nowhere by invention promotion firms. The federal government is aware of these firms. You can file a complaint, and find other useful information via the links at this...Read more »
People file patent applications with improvements on previously patented inventions every day. The Bell patent on the telephone was issued more than 100 years ago. People are still patenting improvements to the telephone.
Now you may have to worry about whether the earlier patent is...Read more »
However, that does not close the door on patenting an improvement to the old device. But the improvement needs to be enough to merit a patent. In other words, the change needs to be sufficiently inventive that it would not be an obvious change to a person of...Read more »
I do not think it is a good idea for you to draft and file a patent application without the help of a patent attorney. Some people do so and the USPTO can be somewhat generous in helping DIY applicants but there is a great risk that you do not know what you do not know and you will lose important...Read more »
I give talks to entrepreneurs all the time. One of my slide sets emphasizes that there is no harm from getting in contact with a patent attorney early. But there can be serious consequences to waiting until it is too late to preserve both US and non-US rights.
This question was posted to Patent Attorneys that deal with inventions. I assume that you meant to post to attorneys that deal with parents. You should post again but seek input from attorneys that do "Estate Planning" as these folks handle wills and challenges to wills.
This is not a copyright question. Technically, this is not a patent question. To get a license from an owner of a patent, you are getting a form of a contract. Contracts are an issue of state law so you should find a business attorney that writes licenses and contracts.
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