sodapop wrote:
You do not need a working model. A model is only required for a perpetual motion machine and no one has made one yet. I have patents on several ideas with drawings that are still on the books and never made
Just for interest I would like to have a look. Can you tell me your patent numbers? I think I should be able to find the detail with just the number.
StanMac wrote:
Doesn’t that apply only if the employee’s invention is an item in the line of products the company produces? If she had invented a medical device, would the toy maker have had standing?
Stan
Not sure. The idea was that he hired her for her ideas. I think it would make a good court case, though.
sodapop wrote:
You do not need a working model. A model is only required for a perpetual motion machine and no one has made one yet. I have patents on several ideas with drawings that are still on the books and never made
It depends on the country, time and idea. When I was still working, about 30-40 years ago, the company's attorney always told me to take my idea and "reduce it to practice". I don't know if that was an actual requirement (it was for a production process) or if he just thought it would be easier to get the patent. I did what he said and over several years received 5 patents.
The CalNerd is right. The requirements are complicated, and you should get your guidance from a pro.
dustie
Loc: Nose to the grindstone
StanMac wrote:
Doesn’t that apply only if the employee’s invention is an item in the line of products the company produces? If she had invented a medical device, would the toy maker have had standing?
Stan
👍 👍
And don't prior signed, written company policy/contracts also apply?
Wallen wrote:
Does patents need to be actual working stuffs or is it possible to patent and idea?
I think I have a solution to removing the bayer matrix and making a normal sensor work like a Foveon.
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
Filing cost of a provisional Application $100.00
Filing cost of a utility Patent $455.00 for a Micro Entity
Generally a working model is useful as it shows that the idea has been reduced to practice.
The cost of the Application to grant is minimal. The real cost is the protection of the patent.
StanMac wrote:
Doesn’t that apply only if the employee’s invention is an item in the line of products the company produces? If she had invented a medical device, would the toy maker have had standing?
Stan
Only company products.
When I was hired at R&D they gave me a dollar and said that that covered all patents.(Very long time ago) Those patents undoubtedly would be developed using company resources, including their patent attorneys who would do the footwork
Patents developed on your on time for a totally different use would not be included
dustie
Loc: Nose to the grindstone
jerryc41 wrote:
Companies buy up patents and then sue other companies for patent infringement.
The man who invented intermittent wipers while he was working at Ford fought for years to get money from his idea. I don't think it works that way. He was employed by Ford. Something similar happened with a toy company. A designer went home and developed and sold a toy. When her boss found out, he fired her and collected all the royalties from her toy. She was working for him, so he owned her ideas. This was on "Toys that Built America," History Channel.
The toy business is cutthroat - as are all businesses.
Companies buy up patents and then sue other compan... (
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Wish I could recall more of the specifics off top of my head, but it isn't working right now.....
Something about a vehicle mechanic, on his own time at home, designed and received patents for a couple hand tools -- a quick-release ratchet wrench was one, second was a tester of some kind, I think, not sure on that right now.
He sold the ideas/patents (however that works) to a tool manufacturing company, with royalty rights......or whatever the proper term is for a percentage of the sales. When his employer found out, he demanded the patent and royalty payments as company property. Employee flat out refused and was fired.
It went to court for settling the matter of patent ownership... employ
er took it there if I recall correctly. Court said employer had zero, zilch, nada rights on those patents, the employee was not under any stipulated company policy to surrender rights to the employer and had not used any company time nor materials in his design and prototype.
That was in the late '70' or early/mid-'80's, as I recall.
Patent law is very complicated, and I tend to agree that there are a lot of things being patented that shouldn't have gotten approved, especially in the area of software. (A former business colleague of mine has several patents on software techniques.)
Years ago we did some analytical work for a patent firm that was involved in a major lawsuit against the auto makers over power steering pumps. They had already won, we were helping to analyze the damages. (You compute what the profit SHOULD have been, then triple it.)
I left that company before the issue was resolved, but one of the auto makers was on the hook for about $30 million BEFORE treble damages. (I think another settled out of court.) The head lawyer on the project told us that the automaker was making more money by delaying the settlement than it was costing them in legal fees.
Thanks everyone.
I'll try sit on it and finalize the idea, then probably decide after to patent or just show the idea to the world if it helps advance our hobby.
Again my thanks to all responses.
Manglesphoto wrote:
I think you had better Google heat wiper blades they have been around for cars at least 20 years
I might if it would help in the idea.
The abstract is a design that would allow removal of the bayer filter on a sensor but retain its capacity to capture in full color. The target is to have all individual pixels of a normal ccd sensor to be available as a 3 color unit, similar to the foveon sensor, so a 24megapixel camera would really produce 24 megapixel color resolution without the need for demoisaic.
Wallen wrote:
I might if it would help in the idea.
The abstract is a design that would allow removal of the bayer filter on a sensor but retain its capacity to capture in full color. The target is to have all individual pixels of a normal ccd sensor to be available as a 3 color unit, similar to the foveon sensor, so a 24megapixel camera would really produce 24 megapixel color resolution without the need for demoisaic.
LOL
Sorry about that I responded to the wrong person, and you saw it while I was deleting it.
dustie
Loc: Nose to the grindstone
Manglesphoto wrote:
Just Googled heated wiper blades!! and found there... (
show quote)
That's an interesting conversion project!
Too much hassle to add dedicated batteries and charging for only occasionally needed wiper heaters, right?
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