Chicago, IL asked in Intellectual Property and Patents (Intellectual Property) for Illinois

Q: Hello my name is jason I’m an inventor and came up with an idea and submitted it. Come to find it’s not patentable

I would like to speak to the inventor

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: First you should consult with a patent attorney to see if the patent that concerns you actually is still in force. It may have lapsed early for failure to pay the maintenance fee and contacting them may cause them to belatedly revive it.

But if you are sure that you want to contact the owner there are two pieces of relevant information. Neither is foolproof as some owners drop off the face of the earth and don't leave an address.

There is a place to register patent assignments at the USPTO, just like you register title to a piece of property. Not everyone does this but most people do and there are incentives to register assignments for certain types of patents. You can look for the assignee names here -- https://assignment.uspto.gov/patent/index.html#/patent/search

(The inventors would be assignees if they assigned their rights into a company)

If they did not record the assignment or the address for the assignee is no longer a current address (or if the assignee company name has changed and they did not update the file) -- then you can try the last law firm that worked in the patent. You can start with the name of the law firm on the patent or you may find an update at PUBLIC PAIR https://portal.uspto.gov/pair/PublicPair. You can access the public records using the patent application number or the patent number.

If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338

Kevin E Flynn

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