Posted on 11/22/2009 1:08:52 PM PST by ProudFossil
I and another person were granted a patent a few years ago. I would like to remove the other person's name from the patent. How do I do this?
Thank you Mike
If erasing it doesn’t work maybe you should get an attorney.
It just so happens you and I patented a proprietary method for doing just that...HEY, WAIT A MINUTE!
First of all, my name’s not Mike.
But in answer to your question - I’m sure it would depend greatly on what the justification is for removing his name. You can’t do it just because you don’t like him anymore, or just because you want to.
As the other poster said, you’ll probably need a lawyer for this.
Here’s an interesting thread that might be relevant.
Looks like if you even CAN get his name off after the patent has been issued, you might have to remove any claims addributable to him as inventor.
Makes sense to me...
http://www.intelproplaw.com/Forum/Forum.cgi?board=patent_owner;action=display;num=1106768042
When you both applied for the patent you must have signed a paper that says that you both are coinventors. Wouldn’t undoing that require you to explain your signature under that statement?
hack the USPTO files
Why not try a simple Google search rather than take up vanity space on a non-political/non-news topic on Free Republic?:
http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_48.htm
Go talk to a patent lawyer. You’ll have to submit the necessary paperwork, and you may need the person being removed to sign something. And, if the other person actually did invent something claimed as the invention in the patent, that person is an inventor, regardless of the circumstances making you want to remove that person.
Mike, I’m not a lawyer, but first off, it depends on whether the other party is in agreement with the change, or not. You need to consult an IP attorney but the USPTO manual of patenting examination will give you some guidance:
http://www.uspto.gov/web/offices/pac/mpep/documents/1400_1412_04.htm#sect1412.04
General/Chat
You have to kill him first. Then his heirs.
If you are unable to get the other patent holder’s consent you will need a judge’s order, which may be very hard to get depending on the circumstances. Basically, if the other patent puts up a fight you’re going to have a tough time. There was a reason his name was listed on the patent in the first place so unless it was there due to fraud or mistake you can’t unilaterally terminate his/her rights.
Without the other’s concurrence, a virtual impossible task unless you can prove fraud on his part, someone forged your name, or a few other nearly impossible tasks.
The problem is, I assume you accepted the patent, as you applied for it, when issued, now you want it changed.
Patent attorney, minimum $20,000, 10% chance of success.
Here is a link to the US Patent and Trademark Office website. I did not find an answer to your question redily available, sorry.
Might want to check with a patent attorney.
USPTO has a patent attorney/agent search engine which you can use to search by location here. https://oedci.uspto.gov/OEDCI/
I hope this information is of some use to you.
ProudFossil, note that the links Nervous Tick and JoeFromCA provided are for pending applications, not issued patents. Go talk to a patent attorney.
Check out LegalZoom.com. I have heard on avg - you can get a patent down for about $10,000. LegalZoom will do it for about $5500. They may be able to help or give you some ideas.
You sure got that quote fast...on a Sunday no less....extremely well done.
How did you find out that the other person is not an inventor of the claimed matter, after all these years?
You can’t. You can buy out any rights he has, but you can’t deny him the patent if he was involved in the invention. That would be like changing history. If he and you developed it, that’s it.
Are you trying to cheat this guy?
Beat me to it.
Patent attorney, minimum $20,000, 10% chance of success.
Actually that is a pretty good call.
And I am a patent attorney (25 years).
You need to take the following steps:
1. Hire an intellectual property attorney.
2. Discuss your options to have the other individual sell his or her rights to you or assign them to you or failing that what you will owe the other holder of the patent if you profit from the patent.
3. Discuss the issues with your attorney, the other party's attorney, and the other party.
By the way, have you also admonished those who submitted threads on various celebrities? Sports? The Friday Silliness Thread?
If you haven't, why not?
>> Go talk to a patent attorney.
(@$20,000 per minute)
Hey, Joe and I may not know what we’re doing, but we sure work cheap!
By the way, if you ever have any questions on taping drywall, come see me; I do that just about as well as lawyering.
Excellent and thanks for the info. On a Sunday no less!
This is America- buy him (her) out.
there are some pretty funny responses on this thread.
The latest, most current thinking is that you should claim that it is the Constitution of the United States so that any judge you appear in front of will simply ignore it. Then you can do anything you want with it.
Could this be a beeber patent?
maybe it was a patent for the stune setting.
And if you don't want them to find your fingerprints on the deed, send Bomb Kitty to do it for you.
Hmmmm...
So you want to screw your partner, eh?
...and you want us to help???
im personally sick of those damned recipe threads - this one at least posed an interesting question
Send him an invisibility cloak.
If you’re really series, though, retain an IP attorney.
I’m expensive
:)
That is one patient cat. Our cat would have wriggled out of that get-up in five seconds.
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