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Who has the patent right's
Posted by Anonymous . updated on 2/26/2009
I have been involved in developing an idea with one person,
The initial idea came from this guy, but I designed the entire product myself without his input. After the idea had been fully developed entirely by me and the prototype had been made we decided to file for a utility patent. While in the process of applying for the patent my partner decided to stop returning my calls and cut off all communications with me. To try to resolve this problem I called him at least 60 times over the space of about 2 month's and left messages for him to call me back so we could resolve any issues he had, but he never returned any of my calls. I did go to his place to talk with him but could get no reasonable answers form him, it seemed to me like he was lying about everything.
Eventually I decided to call the Patent attorney and asked him to call my partner and find out what the score was, the attorney called him and spoke with him for about 5 min's. During the conversation my so called partner informed the patent attorney that he was thinking of applying for the patent ?alone !
On hearing this I decided to call my So called partner and begged him to call me ASAP so we could resolve what ever problems he had with me, but again he never returned my calls and has not to this day ! that is two month's ago. ?
Considering what had transpired I ?decided to apply for Patent protection alone, it seems to me like he has abandoned the invention, or at least has ?
abandoned me.
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My question is, am I entitled to a patent alone considering my partners behaviour ? Does he have claim to be named on the patent ? After all, for all I know is he has either abandoned the invention or is planning on moving forward without me as my attorney said.
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If anyone could help me out I would appreciate their input
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P.S We only have a verbal aggreement, we have never entered into any type of written aggreement or any papers claiming to be partners. ?
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P.S.S. His initial idea is only a small part of the final design
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