Q: Hi, can I check who has purchased a patent from an inventor?

I am dealing with an unscrupulous inventor who tries to sell his software patent. He tries to sell it with development done by a 3rd party. That 3rd party has already confirmed to me they are not interested in working on it, because the inventor is ineligible. Also, I was hired by the inventor to manage the development and have provided a lot of IP related to how to actually commercialise the patent. After two weeks and me providing the documentation the inventor cut off any kind of communication. I want to warn whoever buys the patent(s) about the practices of the inventor.

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Pittsboro, NC
  • New York
  • New York
  • View Profile
  • Answered

A: Once the patent issues or a patent application is published, then you should be able to see details in the assignment database at https://assignment.uspto.gov/patent/index.html#/patent/search . You will also be able to see the relevant information in Public PAIR once you know the application number. Using the patent assignment database may be better for you as all you need to know is the inventor's name as that name will be the assignor.

The default is that the patent application will publish at 18 months out but there is an opt out if the owner of the patent application chooses non-publication. The invention might be initially filed in the PCT system and not show up here until it publishes at month 34.

Not looking to bury you with detail but I want you know that there may be a long lag before this inventor's application is published.

NOTE -- if people do not do as suggested and record the assignment from the inventor, then the assignment database will not have the name of the inventor as an assignor.

I hope that this helps.

Kevin E Flynn

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.