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PostSubject: Company Applies on Behalf of Inventors   Thu Apr 01, 2010 10:56 am

Luckily there is no such thing as a stupid question..

If part of the licensing deal is that the company offers to submit a PPA into the USPTO in the name of the inventor, does the inventor need to sign those application forms, or can it all be done without the inventor's signature?

Also, seeing that this PPA is in the inventor's name, does the inventor have a right to see it or have a copy of that application?

Thanks so much! Very Happy
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Troy Robison



Location : Sunny, Florida

PostSubject: Re: Company Applies on Behalf of Inventors   Thu Apr 01, 2010 6:07 pm

"Luckily there is no such thing as a stupid question..

If part of the licensing deal is that the company offers to submit a PPA into the USPTO in the name of the inventor, does the inventor need to sign those application forms, or can it all be done without the inventor's signature?

Also, seeing that this PPA is in the inventor's name, does the inventor have a right to see it or have a copy of that application?

Thanks so much! "

If the inventor gave power of attorney Im not sure they would need to sign the application. I would never allow it if it was me. Also the inventor has the right to see the application.

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Troy Robison

www.totalpatentsearch.com
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Troy Robison



Location : Sunny, Florida

PostSubject: Re: Company Applies on Behalf of Inventors   Fri Apr 02, 2010 4:27 pm

I cant imagine the inventor not getting a copy or getting to read the app. As the inventor you would think they would want to make sure all there technology is in the app. The inventor in most cases know's there invention better than anyone else if they have done the proper research.
With that being said the inventor always needs to get a copy of the app for there own records.

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Troy Robison

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PostSubject: Re: Company Applies on Behalf of Inventors   Fri Apr 02, 2010 6:33 pm

Is it common practice that the company purposely puts false information on the PPA? Say the company puts the owner of that company down as an inventor, when they clearly know they are not a co-inventor?

thanks.


Last edited by Tania Reynaert on Sun Apr 04, 2010 1:35 pm; edited 1 time in total
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Troy Robison



Location : Sunny, Florida

PostSubject: Re: Company Applies on Behalf of Inventors   Sat Apr 03, 2010 7:49 am

http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_48.htm

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Troy Robison

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PostSubject: Re: Company Applies on Behalf of Inventors   Sat Apr 03, 2010 10:42 am

Thanks Gizmo!
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Bill Goldblatt




PostSubject: Re: Company Applies on Behalf of Inventors   Sun Apr 04, 2010 12:26 am

I don't have much to add here - and honestly I don't know exactly how administrative details usually work out in such a situation. For what its worth, if you signed a licensing agreement that specifies that they will file a PPA for an invention, I believe that generally would be akin to assigning power of attorney. But I am not completely sure.

On the subject of false information on a patent application - they have every motivation in the world to list you as an inventor if you contributed in any way to the invention disclosed in the application. If they don't do this - the patent will not be valid in a court of law should they ever try and/or need to enforce it (although if you don't come forward with evidence that you were an inventor, maybe that doesn't matter, but if you're collecting royalty checks...).

As far as naming company employees as inventors - it would be illegal to name anybody as an inventor if they did not contribute to the invention disclosed in the patent application. However, if any individual at the company ever decided to add even the tiniest detail to the invention(s) disclosed within the application, the company would be legally bound to list that employee (or owner for that matter), as an inventor as well.
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PostSubject: Re: Company Applies on Behalf of Inventors   Sun Apr 04, 2010 9:46 am

Thanks Bill :-)
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