Patent Attorney and Founder
Hi everybody I’m JD Houvener your host of the both Today Show were you the inventor entrepreneur business owner get your daily dose of inspiration to make the world a better place [Music] hey we’re part two of our series talking about pre-filing considerations I’m excited to share with you some of the big input that I get from a lot of clients and some confusion about differentiating between inventors and owners so inventors of course are those that actually have a creative input into the invention right they’ve come up with some substantive ideation and creativity that goes toward the eventual creation the the heart of the invention owners on the other hand or otherwise known as a sign means disown it right they have the legal rights to once that patent gets granted to exclude others from making using selling or importing into the US but it’s a certainly huge critical important part right up front before we do any kind of patent searching or developing a patent application we need to make sure that we’re working with an inventor that has clear goals and objectives and they know what rights are going to have sometimes we do end up having clients that are employees at big companies and sometimes their invention even though they’ve developed it right you know off hours on the weekends and nights and even they’re using the company laptop they’re using the company phone and maybe they’re working on breaks or at lunch and it’s in the project is actually pretty closely related to what they do at work that is actually or all those points lend toward the company owning the patent and they’re actually going to be the ones that have the assignment obligation per the employment agreement that the inventor likely signed and so it’s really important to clear up right away before the employee comes up and pays for this that they’re that they know that there’s actually a big chance that the ownership of this invention would belong to the employer if they decided if they inventor wanted to sort of keep it quiet the attorney really wouldn’t be able to help them because it’s it’s likely gonna come back later if the inventor were to try to bring that forward and trying to enforce that against they would be infringer the employers going to come back and say no no no I don’t think so and so what’s going to happen is we need to have that full conversation right up front to make sure that’s all clear another misconception with inventor ship is a lot of people think that you know a party a for example all they do is come up with the groundbreaking idea right they’ve got that inspiration that creative an inspiration of that of that idea and party B is the one that actually builds it you know brings it to life figures out which parts of work what kinds of materials work and they bring the prototype to life and get it functional who do you think is the read and better party a or party being the answer surprisingly is only party a the one who conceived of the idea brought into you know life that invention not the one that brings it into reality not the one that builds it and actually just you know it follows the instructions so it’s a big and interesting concept that even most party B did all the work you know they did tons of effort bringing it to life party a was when I conceived it party a alone should be named on the patent application so this has been helpful for all of you out there business owners entrepreneurs and inventors if it’s been helpful and you think it might be helpful for someone you know just forward the email to them they’re going to get this information going to get the daily email just like you do so hope you all had a wonderful day today and I’m your host JD Houvener of the bold today show go big go bold
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