回复:公司的两个patents被偷偷发表了,无人通知我

来源: 醉茵 2006-11-22 10:56:25 [] [旧帖] [给我悄悄话] 本文已被阅读: 次 (1080 bytes)
First, you should check the claims in the patent to see whether any claim used your idea.(keep you notes as evidence). You also need to figure it out whether the invention at issue is an issued patent or is a published application. (Mandatory published by the PTO 18 monthes after filing the patent application)

Second, under 37 CFR SECTION 1.324,you can add your name as inventor after the patent has been issued; under section 1.48, your name can be added when the patent application is being prosecuted in PTO, provided that you are sure that the claim/claims cover your idea.

Even the patent has been assign in whole or in part, inventor's name must be on the patent. 37 CFR section 1.14 and 1.46.

Lastly, even you have all the rules and laws on your side, you still gain other inventors' support and your company support. So negotiate carefully, try to let thme know that you know your rights, but also relationships are important for you to survive in that company, unless they are not worth having you!

I admire your courage. Go for it!
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