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Delta-Lawyer
Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 3546
Experience:  Patent Bar Certified
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Greetings, I was primary design engineer Int'l Space Div on

Customer Question

Greetings, I was primary design engineer for Rockwell Int'l Space Div on NASA Space Shuttle. I have 15 major design innovations, thereto. Recently NASA discuss 2 of my innovations which NASA described as $100-million (each) products. NASA patented one, but never implemented enforcement of the patent while I rec'd $300 before taxes, the other only $25 or $50 before taxes. Today when discuss with friend, he stated there is now law that is share with inventor - not all to the company. Your advice pls? Dr Don Fell
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Delta-Lawyer replied 1 year ago.

Dr. Don, I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of IP law experience as a licensed patent attorney. It is a pleasure to assist you today.

While it is not entirely true that entities are required to share with the inventor, it is certianly something that is customary in research institutions like NASA. Moreover, it is typically something that is handled through contractual agreement between NASA (or other research entities) and the inventor.

The deal is typically that the research entity is listed as a co-inventor or owner of the invention (patent) and the inventor retains either rights or royalties off of the invention.

Int his field, it is incredibly rare to not have such an agreement in place for research scientist such as yourself

Expert:  Delta-Lawyer replied 1 year ago.

Sorry, had a technical issue there..

Expert:  Delta-Lawyer replied 1 year ago.

In this field, it is incredibly rare not to have such an agreement in place for reseach scientist such as yourself.

Before we get to the point of litigation, which may be necessary, ask them to provide you with any and all IP generation contracts, agreements, policies and procedures that they have at their disposal relative to your work.

There should be something in there that at least pays you royalties on the sale or commercialization of your patents. It would be very unusual if they don't. If they don't you may have a case for fraud here against them.

Understand that typically the entity that employees the inventor and provides resources for research will be the entity that has the primary rights unless a contract is negotiated to the contrary. That said, you should have some rights here and certainly should be in line for more money than you have received.

Let me know if you have any other questions or comments.

Please also rate my answer positively as well.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking in with you this morning to see if you have any additioal questions. I want you to be as comfortable as possible moving forward. Best!

Customer: replied 1 year ago.
sorry will reply, most likelyl next week - busy on project Dr Don
Expert:  Delta-Lawyer replied 1 year ago.

No problems, my friend. I understand. I will be around and look forward to helping out.

Customer: replied 1 year ago.
Hello "Delta-Lawyer" but what is your name? phone and address?
Sorry my delay to reply to you. This evening I finally had a few phone minutes with Frank, my good friend and business lawyer about this Patent-Royalty items to get his recommendation. While Frank agreed is best to deal with a lawyer you know, is also necessary to have lawyer that is highly experienced in the field of question. Frank also agreed that i should take the next step with you...
What is your background in this area of law, sharing royalty with the inventor, etc.??? I attached my Vita as reference? What is your name? phone? and address? It would be great if your office was within driving distance of Astoria, Oregon. Yes I live next to Columbia River and Pacific Ocean - the very-tip or NW corner Oregon.
Within my Vita is reference to U.S. Patent 4,078,110 Flexible Pile Thermal Barrier Insulator - also called 'monkeyfur' - an inside NASA nickname. This is one of the $100-million inventions per NASA meeting with a another friend James Loftus of a few months ago. I think I have total of 11 'papers' for 14 innovations, was told when I left Rockwell years ago, the others would be mailed to me - they never came.
Adjacent to and used in conjunction with the 'monkeyfur' is a very special pressure seal. During the initial days of Mercury Program, NASA used a di-methyl silicone rubber pressure seal, but was limited to 'above minus-78F' or the GTT, the glass transition temperature of the dimethyl silicon rubber. The GTT is defined as temperature which the modulus of the material has modulus equal 10x room-temperature modulus. In other words, if you compress the seal at minus 78F, the bulb-seal will fracture like a glass bulb.
I learned than that NASA spent $30-million research to develop a dimethyl di-phenal silicone rubber with better or lower GTT to minus-108F
However on the Shuttle, I needed to develop a pressure seal that would still be compressible at estimated minus-268F, yes another 168 delta-T-lower. Did they give me $168-million equal of 1960's dollars for this development? No. But I developed a pressure seal that at liquid nitrogen temperature of minus-320F is only 3x stiffer than room-temperature. This was the 2nd innovation that NASA recently told Mr. Loftus was worth $100-million.
I received a piece of paper Award plus maybe a $25 to $50 check - before taxes removed.
There were many more. In total NASA highlighted 43 innovations critical to the Space Shuttle Design, advances in science and engineering. Of the 43, 14 were my innovations. We can speak of these later.
Most respectfully, *****
Expert:  Delta-Lawyer replied 1 year ago.

Dr. Don...I apologize for my extremely late response. I have been away from the computer on a holiday of sorts with the family. I am afraid I am not set up to assist you personally with this case, though I am happy to ride herd and provide guidance or be a sounding board for you. I actually live in the Southern US, so geographic proximity would be a huge issue. That said, I am willing to assist through this site in any way possible.