I agreed with everything my attorney had to say in reference to the rulings she gave me. I found some of them to be very obvious in her explanations and extremely fair. Although she was not an patent attorney which is “attorneys that must be licensed to practice law and also be licensed by the U.S. Patent and Trademark Office, (USPTO) to practice before it” I felt like she was spot on in her delivery. We discussed the possibility of double patenting pg 56“two patents which are obtained on (or claim) a single invention) and how this could possibly happen when working so close to an individual or company. She informed me to always be careful of the contract. Now there is the possibility of co-inventors pg 43“where an invention is attributable to the creative effort of more than one person” that she explained also needs to be carefully documented. Once I started to really look into all of this I noticed that copyrighting your designs at the date of invention “the date an inventor can prove that the invention was built and tested” is critical to do. When you want to take legal action on something like infringement pg 60“when someone makes, uses, or sells items covered by the claims of an in-force patent without the patent owner’s permission” it is important that you have all the necessary information to defend yourself. This is the point where you would make and infringement action “a lawsuit alleging that one or more parties (defendants) have, without permission, made, used, or sold an invention protected under a patent owned by the party bringing the lawsuit.” All of these things you may take lightly but prove to be critical when you are trying to defend yourself. You could face willful infringement pg 135 “occurs when someone deliberately and in disregard of the patent owner’s right, copies a patented invention.” This is what I thought mattered most in my conversation with my attorney!
10th edition Patent, Copyright & Trademark by Ralph Warner
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