Kevin E. Flynn's answer The USPTO Examiners have the option to say -- whoa -- you are asking me to do more than one patent's worth of work as there are more than one invention here. They can request that you seek to restrict the current application to just one claim cluster and leave other claim clusters for you to chase in a special type of continuation application called a divisional application.
It is a subjective call and thus hard to predict. Note that when you file the application with more than 20...
Peter D. Mlynek's answer Sorry to be the bearer of bad news, but there is likely not much that you can do. A couple of notes:
(1) The point of a patent is to give the inventor the right to exclude others for a limited time. Thus, if your father obtained a patent for his invention in the 1970s, the patent has expired by now. Anyone now is able to make the same device that your father patented.
(2) If the company copied your father's patented device, without his permission, he could have sued. The...
One very fundamental value of estate planning is the opportunity to express your wishes in writing (through a will or trust instrument, for example) so that there will not be disputes after your death (or, at least, there may be less probability of disputes). Generally speaking, an unambiguous will that is accepted by the Court as valid and authentic will likely trump subsequent verbal preferences that you claim were expressed by...
Kevin E. Flynn's answer The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.
One strategy is to limit what you do to things in expired patents. That won't work for high tech but for some products where a solution from 20 years ago may be commercially viable today, that is safety. No one should be...
Kevin E. Flynn's answer I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.
You may want to Google around to see if others have dealt with this issue or seek help from the folks that will provide the software solution to replace Agemni.
Kevin E. Flynn's answer I am guessing that you have a pending provisional application that has a one-year anniversary in March. If you do not file a non-provisional application by the one-year anniversary, the provisional application will simply expire.
So your options are
1) File a non-provisional US application by the one-year anniversary.
2) File non-provisional applications in other countries under the Paris Treaty by the one-year anniversary.
Your father can gift his interest in the property to the GF. Similarly, your father can devise his portion of the home to the GF in a will.
If there are no wills intestate rules apply. For instate purposes, the GF would likely only have a claim based on a subsequent marriage (legal or common law). Note, common law marriage in Colorado does not simply mean living together for a long time...
Tristan Kenyon Schultz's answer If this about an assignment of a patent, your primary concern is the enforceability of the assignment agreement. First review the assignment agreement for things like termination, reversion of interests, etc. If the assignment was completed (signed with performance), the company owns the patent and it is included in the company's assets in bankruptcy or merger (meaning that you likely lost the asset, but can make a claim for any unpaid amounts in bankruptcy as an unsecured creditor). If the...
Tristan Kenyon Schultz's answer Utility patents (i.e. desalinization and car parts) last for 20 years from the priority or filing date. They also require maintenance fees to remain active (if the payments are missed, they cannot be retroactively paid for). You can check the PTO website, but it is very likely the patents have all expired and are now free to use by the public. Here is the link: https://www.uspto.gov/patent .
Adam Studnicki's answer This is a very fact-specific analysis. A local patent lawyer can review your specific situation and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Mr. Ilya Libenzon's answer you need to examine your assignment agreement -- most likely, you assigned all the rights so you cannot re-assert your ownership rights unless you execute another assignment transferring the rights back to you
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