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Recent Invention questions
I have developed software to monitor large paper and tissue
I have developed software to monitor large paper and tissue machines in a novel way. Because it is a large package with many components I have written up provisional patents in three seperate applications. I would like to share with a prospective company that may want to license the patent or patents. The question is: If they see the patents can they then file their own patent if they think they have a better way to limit my patent. Also, if a concept is being used but being kept as a trade secrete legally or just keeping it under wraps, can that be used to override my patent if it is finally granted in a permanent patent?JA: What's the invention's purpose?Customer: One patent provides what is known as a state machine to keep track of all events in part of the process which are critical in measuring the Speed, Efficiency and Waste which are used in financial models to understand the performance of the machine. This allows the machine to be optimized for consistent quality at lowest cost.JA: Have you talked to a lawyer yet?Customer: Briefly but I didn't reveal the concept becuase I wanted to understand better what I actually thought was patentable. I had a two hour meeting with no agreements and then got a bill for $1800 which was for a one page letter to my programmer giving up copyrightJA: Anything else you think the lawyer should know?Customer: What is the value of a Non-disclosure document in this situation? Also, if I show the result but not the means, is that revealing the patent? Or, do I have to just keept the means confidential till I file the provisional patent.
I submitted a continuation-in-part (CIP) application patent
I submitted a continuation-in-part (CIP) application for one patent application. Later, I decided to include a second patent application in the CIP to claim the benefit so I submitted an amendment to the application, the specification specifically, but did not include the additional Application Data Sheet so they did not include the second patent as a parent application. The amendment was also submitted before the deadline of 4 months to include a patent application in an amendment. I talked to the examiner of the second patent application and she suggested that I submit an unintentionally delayed domestic benefit (priority) claim. She also mentioned that the amendment was not submitted properly since I didn't include a redlined copy of the specification. However, that is not the case because I submitted a redlined copy and a clean copy. She stated her remarks in the minutes of the phone interview. This second patent application is essentially a duplicate contained in the continuation-in-part application, including the claims. I got an Office action from the examiner with non-final rejections. It doesn't make sense to respond to the Office actions because most of her remarks are corrected in the CIP. The CIP has also been assigned a different examiner but he hasn't sent anything. How can I overcome the lack of inclusion of the second patent application in the CIP without submitting the unintentionally delayed domestic benefit (priority) claim based on the fact that it is a duplicate and involves double patenting issues in addition to the fact that I submitted the amendment before the 4-month deadline? They are copending and address the same invention. Is there a chance that the original patent application or the CIP can be canceled legally by the patent office in view of the fact that the CIP is a duplicate of the patent application? Based on the Office action remarks, the second patent application is at risk of not being patentable. However, since the CIP corrects the deficiencies of the second patent application, it could be patentable. Can I state that the CIP is necessary but that the second patent application isn't?
To register one new method of doing business as a USPTO
to register one new method of doing business as a USPTO "Business Method Patent", if I pass its check and got authorized the patent, then later a competitor produced evidences of internally using this method first to contest my patent, what s a likely outcome if we go to court?
We have a product that we developed 10 years ago, and
We have a product that we developed 10 years ago, and have been selling and distributing for 8 years. We didn't get a patent due to expenses, but we did take the appropriate legal measures by taking pictures of the development, with witness signatures and we sell online and in stores. Recently a VERY similar product is showing up in another country, and they are trying develop crowd-funding for it to help get it going. What kind of protections if any do we have? How/what kind of wording do we use if we want to let them know we want them to stop.
My divorce case started in 2014, and finally we are about to
My divorce case started in 2014, and finally we are about to sign a settlement agreement. All conditions are OK with me except the following:6.4 Patents:(a) The parties shall jointly co-author and/or jointly own all rights to patents numbered7,593,834 and 8,041,545. Within sixty (60) days of the entry of this Judgment onReserved Issues, Petitioner shall take any and all steps necessary to add Respondent'sname to these patents and/or to transfer a 50% ownership and/or interest in each ofthese patents to Respondent. Petitioner shall provide to Respondent proof that suchtransfer has been implemented within 10 days of submitting documents and shall provideproof to Respondent of completion within 10 days of the completed transfer. Petitionerrepresents that he has never received any type of compensation or interest from thesepatents. Petitioner shall take all necessary steps to ensure that these patents remainregistered and active. Any and all compensation, monetary or otherwise, for the use,or ownership of these patents shall be shared equally between the parties. The Court'sjurisdiction over these patents is reserved.I am OK to make my ex-wife a co-owner to my patents. But she wants to become a co-author.Here is my question:I need to proof to the opposite counsel that it is impossible legally because it is against patent law and intellectual property law. I cannot include my ex-wife as a co-author to a patent which was awarded 10 years ago. It is funny, but the patents are related to Applied Mathematics, and my ex-wife has not graduated even a high-school.Please, explain me how this attempt brakes a law, and which law will be infringed in this case.~Vladimir
When drafting claims PCT application comprising both
When drafting claims for a PCT application comprising both apparatus and method claims (or both product and process claims), what are the rules and tips to avoid being "lack of unity of invention" compared with the criteria adopted by USPTO?
I need my employment contract reviewed, specifically when it
I need my employment contract reviewed, specifically when it pertains to IP. I live/am a resident of Arizona, but work for a company incorporated in California. Do California Labor Codes govern my contract? Could someone estimate what such an undertaking would cost?
I am wondering how one can protect an intellectual property
I am wondering how one can protect an intellectual property (say a new product idea) from someone steeling it. Especially if one does not want to expose it to the general public or file a patent Is having NDAs enough protection?
I was a graduate student from 2006 to 2008, and I hold aView more intellectual property law questions
I was a graduate student from 2006 to 2008, and I hold a student visa back then. I made a great invention but I did not realize how great it is because I was inexperienced and naive. At 2008, My professor lured me into signing a contract which gave me 1% of his found company. I was young and naive and came from a totally different background to USA. This is a very unfair contract but I signed it right away without even read it. Two years later, the company sent me an email stating that the value of my share dropped to 1 US cent.I was contacted by the company last week, the professor want to offer me a one-time payment to exchange me to do something (I donot know what he wants, because I did not reply his email.).As far as I know, there are three US patents approved with my name on it, and also the professor's. At 2008, He also signed a contract for provisional patent, and I have 50% share in it, which can prove my contribution to the invention. Later on, he must regret this and never mentioned it. There are also newspaper report about the invention with my name on it. Also, I won a business competition at 2008 with this invention, and I met the professor's business partner there. They together cut me out.At 2009, I quit my job and return to the university and hoped to make more progress to the invention. by that time, the professor already have the company established, but he also kept his position in the university. He kept me from the company the whole time, and at 2010, he stopped my student scholarship, so I could not continue the research and couldnot finish the Phd degree, and couldnot hold the student visa anymore, So I left the country.Overall, to this date, I have never received one cent from the invention. My naive action in my young age must make a big damage and I would like to know if its possible to overrule it.