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Does hiring someone risks your patent owning rights?
Posted by Anonymous . updated on 6/22/2009
For USA, europe and Japan patent laws, if i have a creative idea and hire one or more persons to help build each and many parts, is there any risks when i file a patent as to who has the right to own the patent:
1) If i carefully instructed every steps and the person who builds just simply follows
2) If i say "go build this with certain constraints and conditions" and let the person who build uses his creativity, experience and intelligence to create/design a product that matches my needs.
For both cases is there any risks?
Thank you very much for your time.
Answers (1)
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Aisha Boue
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Hi there,
That's an interesting question you've posed.
) If i carefully instructed every steps and the person who builds just simply follows.
2) If i say "go build this with certain constraints and conditions" and let the person who build uses his creativity, experience and intelligence to create/design a product that matches my needs.
Well, in the US, if you have thought of all the steps yourself as in, you have analysed the problem clearly, stated what the problem was, and found solutions to it yourself, you are the inventor. Any other person who simply follows your instructions and reduces YOUR idea to practice is Not an inventor. But, if that same person were to come up with a parallel solution to the problem that your idea seeks to solve, he may be known as Co-inventor.
For the second q' you may want to look at the terms of your employer agreement or in the case of an independent contractor agreement, think of adding a clause that states IP that is generated out of the project will be the sole property of the employer or the person contracted to work for (in this case yourself).
To be clear who is the inventor for the patent laws in USA, you can take a look at this link: http://www.patentexpress.com/patent-drafting-video/are-you-an-inventor_51_5.html
and this one: http://www.patentexpress.com/patent-monetization-video/what-does-patent-ownership-mean_81_6.html
You may want to give us a call at (877)-794-9511 or mail us at customer.service@patentexpress.com
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