[rollei_list] Re: Patents and Lens Designs
- From: Mark Rabiner <mark@xxxxxxxxxxxxxxxx>
- To: <rollei_list@xxxxxxxxxxxxx>
- Date: Tue, 06 Oct 2009 18:36:23 -0400
> No problem:
>
> http://inventors.about.com/od/firststeps/a/application.htm
>
> "All Inventors Must be Listed on the Patent Application
> Only the inventor may apply for a patent, with certain exceptions, and two
> or more persons making an invention jointly, must apply for a patent as
> joint inventors. All inventors must be listed on the patent applications."
>
> http://www.usintellectualpropertyattorney.com/patentmisconceptions.html
>
> "10. Fiction: Inventorship is not important. List the boss, a business
> partner, or a friend as a coinventor.
>
> Fact: In the U.S., improper inventorship may render a Patent unenforceable.
> Anyone who makes an inventive contribution to the subject matter claimed in
> a Patent must be listed as an coinventor. Noninventors may participate as
> assignees or investors, but not as coinventors."
>
> And straight from the horses mouth:
>
> http://www.uspto.gov/web/offices/pac/doc/general/index.html#who
>
> "Who May Apply For A Patent
> According to the law, only the inventor may apply for a patent, with certain
> exceptions. If a person who is not the inventor should apply for a patent,
> the patent, if it were obtained, would be invalid. The person applying in
> such a case who falsely states that he/she is the inventor would also be
> subject to criminal penalties."
>
> " If the inventor is dead, the application may be made by legal
> representatives, that is, the administrator or executor of the estate. If
> the inventor is insane, the application for patent may be made by a
> guardian. If an inventor refuses to apply for a patent or cannot be found, a
> joint inventor or, if there is no joint inventor available, a person having
> a proprietary interest in the invention may apply on behalf of the
> non-signing inventor."
>
> "If two or more persons make an invention jointly, they apply for a patent
> as joint inventors. A person who makes only a financial contribution is not
> a joint inventor and cannot be joined in the application as an inventor. It
> is possible to correct an innocent mistake in erroneously omitting an
> inventor or in erroneously naming a person as an inventor."
>
> Really, Marc. I suggested you look this up on your own, and you easily
> could have.
>
> Regards,
>
> Austin
Could German patent laws differ from American?
Mark William Rabiner
---
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