|
|
Gaining ownership of an invention through 37 CFR 1.47
Posted by Anonymous . updated on 3/9/2011
The company would like to take ownership for a utility application a former employee submitted to the USPTO. I understand it would be easy to do by filing a petition under the 37CFR 1.47(b) process. I recently found out a former employee had filed for a patent during the time period they worked for the company. The employee did not invent at the company, and I don't have an employment agreement or any documentation stating the employee is required to assign the invention or was hired to invent. My attorney says that doesn't matter, all I have to do is sign a statement that I believe he did invent at the company, because the USPTO isn't required to verify ownership in order to approve the petition under 37 CFR 1.47 (b), only that he refuses to sign the declaration he was the inventor. Along with the statement, I include proof that I sent him a letter asking him to sign the declaration of oath, which of course he won't, and that will be proof enough to the USPTO that the company owns his invention and will grant the petition. This will then force an interference at which time the company will gain ownership without having to go through a lengthy court ruling where it's unlikely the company will win due to not owning the invention. Is my attorney correct? If so, it will be like taking candy away from a baby!!
Answers (0)
Be the first to answer this question.
Related Questions
 |
I designed a software system for a company , the IP & copywrite was understood belong to me, there were no contracts other than a PO. - several years later I find the company is trying to patent my idea /IP ... Read More |
|
I am planning to start an internet based company that will be creating a game very similar in look, idea and functionality to that of another major game developer. The main difference is that this game devel... Read More |
|
If a employee of a company were to create a product to be sold by the company, then the emloyee left the company to sell said product on his own forming his own comapny, would the company have any legal grou... Read More |
|
Will a Poor Mans Patent (Meaning a picture of patent product sent through the u.s. mail unopened and post marked sent back to the sender) have any validity in a court? Read More |
|
I have two questions concerning copyrights and patents. It seems that every time a movie studio has a successful movie, someone yells that the studio stole the story from him, such as in the case of the movi... Read More |
|
Previous question: Trade Secret >>
- Patent Express is the fastest and easiest way for an individual inventor to file a U.S. Patent or Trademark Application.
- Patent Express fills the gap for those who cannot afford a U.S. patent attorney or agent, but want to have their patent drafted and issued.
- Patent Express is backed by a 100% money back guarantee.
|