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GomiGirl wrote:Going to start the process very soon for something that I could tell you about but then I would have to shoot you all...
I believe if the person is under NDA with a company, then it is permissible to disclose the information.kamome wrote:And yakinoumiso is right: disclosure is a bad thing. You could even lose the right to claim patent protection if you disclose your idea to anyone.
cstaylor wrote:I believe if the person is under NDA with a company, then it is permissible to disclose the information.kamome wrote:And yakinoumiso is right: disclosure is a bad thing. You could even lose the right to claim patent protection if you disclose your idea to anyone.
kamome wrote:I believe that Japan and the United States are both signatories to the various international intellectual property conventions, including the one pertaining to patents (the name of which I can't recall right now). But the first issue is where to start your filing so that you get the earliest filing date possible in that country.
And yakinoumiso is right: disclosure is a bad thing. You could even lose the right to claim patent protection if you disclose your idea to anyone.
When my patent was filed, there's an important rule that I would suggest following during competitve patent research (looking for existing patents that may conflict with the one you want to file): don't send any email to anyone based on what you've found. If you need to talk with gomiboy or your patent attourney, schedule a phone interview and handle the matter over the phone or in person. The courts can issue a subpena for your email.GomiGirl wrote:CS, Given that I think we have an NDA there is some stuff that I would like to talk with you about. Plus I know that you would get it. But not right now.... too much to do first.
cstaylor wrote:]When my patent was filed, there's an important rule that I would suggest following during competitve patent research (looking for existing patents that may conflict with the one you want to file): don't send any email to anyone based on what you've found. If you need to talk with gomiboy or your patent attourney, schedule a phone interview and handle the matter over the phone or in person. The courts can issue a subpena for your email.
Ah, but you're forgetting backups. Most companies automatically backup their email systems daily, so even if you delete the email the following day, it was still captured on tape the previous night.omae mona wrote:Ditto CS here for the most part, though deleting email after the fact seems to be OK.
GomiGirl wrote:Going to start the process very soon for something that I could tell you about but then I would have to shoot you all...
cstaylor wrote:Ah, but you're forgetting backups. Most companies automatically backup their email systems daily, so even if you delete the email the following day, it was still captured on tape the previous night.omae mona wrote:Ditto CS here for the most part, though deleting email after the fact seems to be OK.
yakinoumiso wrote:And yakinoumiso is right: disclosure is a bad thing. You could even lose the right to claim patent protection if you disclose your idea to anyone.
Yeah, but not necessarily. (again, my understanding is) You may lose PCT rights to patent your invention if you disclose it at a meeting or in a paper. However, under US law, you have one year from the initial disclosure to file for the patent. I think the priority date becomes the initial disclosure. I don't know about the specifics of JP or EU patents on this issue.
CS Taylor is right that an NDA makes a person 'safe', in the sense that if he spills the beans and causes you to lose certain IP rights, you can sue the hell out of him.
GJFreshPatents.com: the latest published US patent applications each week BEFORE(!?) the USPTO decision to grant/deny. New applications are published Monday. Dates listed are for the previous Thursday's official USPTO publication date.
ramchop wrote:Bastards!
I would think it depends on the jurisdiction of the received patent.kamome wrote:ramchop wrote:Bastards!
Yeah, the whole work-for-hire thing sucks. But I thought that an employee who's invention is used by his own company for profit is entitled to the royalties on that invention??
kamome wrote:ramchop wrote:Bastards!
Yeah, the whole work-for-hire thing sucks. But I thought that an employee who's invention is used by his own company for profit is entitled to the royalties on that invention??
omae mona wrote:Now, especially since Kamome is involved in this thread I will make this disclaimer: ignore everything I said above and ask a real intellectual property lawyer if this issue is important!
kamome wrote:omae mona wrote:Now, especially since Kamome is involved in this thread I will make this disclaimer: ignore everything I said above and ask a real intellectual property lawyer if this issue is important!
Thanks, but that would exclude me, too. I've dabbled in IP, but I'm no patent lawyer.
However, I do know that Japan does require companies to compensate employees who invent something for their employers. It's a good question whether employers can contract their way around this.
Is that because he r00td their email server with his 733t skillz?NeoNecroNomiCron wrote:A famous case of this is Shuji Nakamura he invented the blue laser which some large company made a fortune. He suid and one.
NeoNecroNomiCron wrote:A famous case of this is Shuji Nakamura. He invented the blue laser, which made some large company a fortune. He sued and won.
Omae Mona wrote:Nichia Chemical had to pay out 20 billion yen to the employee who invented blue LEDs.
cstaylor wrote:If Ramchop's invention pulled in several billion dollars, and no thank you cash heads his way, I'd suggest taking it to court.
The U.S. Patent and Trademark Office (USPTO) and the Japan Patent Office will launch the Patent Prosecution Highway (PPH) July 3, an initiative intended to speed review of many patent applications submitted to both countries. Under the current international patent system, inventors must apply separately for patents from each country in which they desire recognition and protection of their intellectual property rights regarding a machine, process, design or other innovation...The PPH would permit an applicant whose invention has received patentability from either the United States or Japan to inform the other country's patent office of this status. The process would expedite the work of the second office by enabling it to use the patent and public disclosure or sale search results from the first office and thereby enable applicants who have made submissions to both countries to receive patents more quickly...more...
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