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If someone comes up with an idea for an invention and shares…

If someone comes up...

If someone comes up with an idea for an invention and shares that idea with a view to build it but the person who has the idea does nothing and does not even go to a P.A. to sign a document either sharing or surrendering ownership of the idea, can the other partner claim ownership of the invention

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

WA

Lawyer's Assistant: Has anything been filed or reported?

No, I have spoken with a PA who tells me that the person who thought of the idea is the owner, but he has done nothing to develop it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have tried to communicate with the other person many times to get things moving, he keeps promising to go see the PA but never does

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Answered in 5 minutes by:
8/18/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,713
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Customer reply replied 11 months ago
ok

Good Evening

The invention is built by a third party and they own the copyright of the invention. They have taken the idea and expanded on it.
If the person with the idea had designed it and shown it to the person that built it then the invention can be claimed by the person that had the idea.

But just having an idea does not give you the intellectual property to own the invention.

More goes into the invention than just the idea.

It all depends on how detailed the idea was.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,713
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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