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Patent of a design
Posted by Anonymous . updated on 1/31/2012
Hi,
I was hoping to get some advice regarding patenting a device that I have invented. I will just cut and paste the reply that I received from the people that I have designed it for:
This Challenge is run by the Air Force Research Laboratories (AFRL) and their intention is to develop the device for their own use as part of the Dept. of Defense. They have no interest in marketing the device outside of their own use. In fact, they cannot do that as this is a Theoretical licensing Challenge which means you are giving them a perpetual license to practice the idea, but you still own it.
Now I am not a lawyer so I cannot give you legal advice, so if you have questions you should seek legal counsel. Here is what I believe to be true. This Challenge is under the Solver agreement which you signed which includes a non-disclosure agreement so the idea has not been revealed publicly so you can still patent, I believe. What you need to be careful of is revealing the details before you get patents filed. If you do accept the offer, there will be a lot of media attention and they will ask for details so you want to be careful there. We at InnoCentive will not reveal the details and I will make it clear to the AFRL that you do not want the details revealed and I trust them to hold to that.
Again, the reason they did a licensing Challenge and not an IP transfer Challenge is they do not need to own the idea, but just use it for themselves. They have no intentions of trying to produce it for the open market. They do intend to improve it, but they will only produce a version for internal use and not compete with you directly.
I haven't accepted their reward for the design yet as I wanted to make sure that I can still patent this device world wide if I do accept the reward. And do I have a time limit in filing for the patent? Do I have any other avenues of protection?
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