Illegal patent extension from a french company

[brevet_blem]

First, I will describe the situation. After that, I will ask my questions.
I need your advices to defend my own right in my patent!


Situation
----------

My thesis was proceeded in the offices of a french institute that I call here by "B"
in FRANCE and financed by other institutes.
"B" did not finance my work and I am not an employed by "B".
I invented a process which was patented in France.

According to the certificate of utility obtain in FRANCE, I am quoted as the first inventor.
But two of my bosses are added as 2nd and 3rd inventors without any contribution for their share.

In addition, I did not sign any document even those who concern the transfer of right. Also, I did not
obtain any remuneration.



Questions
---------

I have just learned on Internet that the Institute B extended my patent in Norway (Nov. 2004) and the
UK (Dec. 2004) without to inform me and obtain my agreement. In addition, the institute "B" changed the
inventors order and put one of their salaried (the boss) as the first inventor.

What should I do to defend my own right and stop this extension?
Can you advise me please?


Last month, the institute have send to me two documents to extend the patent on the USA:
- Declaration and power of attorney for patent application
- Assignment.


I refused to sign these documents without renumeration and because
the patent was deposited in France under the blackmail.
If the institute "B" uses the same method as in Norway and the UK, what should I do to protect my own right in the USA?

Thank you for your help!!

 

[racer72]

US Law Only

 

[absconder]

Treaties are the law of the land in the USA. US CONSTITUTION. Your appeal is in the washington dc federal district. Get a good attorney who cares.

 

[divgradcurl]

If the institute "B" uses the same method as in Norway and the UK, what should I do to protect my own right in the USA?

Unfortunately for you, there are steps that "B" can take to LEGALLY apply for a patent in the U.S., even if you refuse to sign any documents. You can read up on the rules here: http://www.uspto.gov/web/offices/pac/mpep/documents/0400_409_03.htm#sect409.03

Here's an example from that link:

"35 U.S.C. 118 Filing by other than inventor
Whenever an inventor refuses to execute an application for patent, or cannot be found or reached after diligent effort, a person to whom the inventor has assigned or agreed in writing to assign the invention or who otherwise shows sufficient proprietary interest in the matter justifying such action, may make application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is necessary to preserve the rights of the parties or to prevent irreparable damage; and the Director may grant a patent to such inventor upon such notice to him as the Director deems sufficient, and on compliance with such regulations as he prescribes."

As far as what you should do with respect to your institute, and with respect to the patent applications files in other countries, as racer72 noted, this site deals with U.S. law only -- you'll need to talk with a local attorney who can advise you how best to pursue any claims or complaints you might have in your own country.

 

[brevet_blem]

illegal extension

Let me please thank you for your answer.
If I have understood well, I see that I cannot do any actions without with a French patent attorney...

But can you please resume to me some actions that I can do in order to protect my owned right?

Best regards!

 

[divgradcurl]

Let me please thank you for your answer.
If I have understood well, I see that I cannot do any actions without with a French patent attorney...

But can you please resume to me some actions that I can do in order to protect my owned right?

Best regards!

You answered your own question: "If I have understood well, I see that I cannot do any actions without with a French patent attorney..."

There is nothing a U.S. attorney can help you with here -- you need to see a French attorney toprotect your rights, even under the foreign patent systems.

 

[brevet_blem]

You are right "divgradcurl".
The patent was issued in the "uspto". "B" used the 37 CRF 1.47(a) to reach that. I didn't sign anything and I receive this letter from the office of petition:

"You are named as a joint inventor in the above-identified United Slates patent application filed under the provisions of 35 U.S.C. 116 (United States Code) and 37 CFR 1.47(a), Rules of Practice in Patent Cases. Should patent be granted on the application you will be designated therein as a joint inventor.
As a named inventor you are entitled to inspect any paper in the file wrapper of the application, order copies of all or any part thereof (at a prepaid cost per 37 CFR i.19) or make your position of record in the application. Alternatively, you may arrange to do any of the preceding through a registered patent attorney or agent presenting written authorization from you. If you care to join the application, counsel of record (sec below) would presumably assist you. Joining in the application would entail the filing of an appropriate oath or declaration by you pursuant to 37 CFR 1.63.
Requests for information regarding your application should be directed to the file Information Unit at (703) XXX-XXXX. Information regarding how to pay for and order a copy of the application, or a specific paper in the application should be directed to Certification Division at (703) XXX-XXXX or 1-800-XXX-XXXX (outside the Washington D.C. area)."

If I understood well, "B" can exploit this patent with or without me. Moreover, all the benefits collected by this patent will be only to "B"??

Does a limited time to assert my property of the patent in the United States after the date of the publication?

What should I do please?
Thx

 

[divgradcurl]

You are right "divgradcurl".
The patent was issued in the "uspto". "B" used the 37 CRF 1.47(a) to reach that. I didn't sign anything and I receive this letter from the office of petition:

"You are named as a joint inventor in the above-identified United Slates patent application filed under the provisions of 35 U.S.C. 116 (United States Code) and 37 CFR 1.47(a), Rules of Practice in Patent Cases. Should patent be granted on the application you will be designated therein as a joint inventor.
As a named inventor you are entitled to inspect any paper in the file wrapper of the application, order copies of all or any part thereof (at a prepaid cost per 37 CFR i.19) or make your position of record in the application. Alternatively, you may arrange to do any of the preceding through a registered patent attorney or agent presenting written authorization from you. If you care to join the application, counsel of record (sec below) would presumably assist you. Joining in the application would entail the filing of an appropriate oath or declaration by you pursuant to 37 CFR 1.63.
Requests for information regarding your application should be directed to the file Information Unit at (703) XXX-XXXX. Information regarding how to pay for and order a copy of the application, or a specific paper in the application should be directed to Certification Division at (703) XXX-XXXX or 1-800-XXX-XXXX (outside the Washington D.C. area)."

If I understood well, "B" can exploit this patent with or without me. Moreover, all the benefits collected by this patent will be only to "B"??

Does a limited time to assert my property of the patent in the United States after the date of the publication?

What should I do please?
Thx

If the U.S. patent is issued solely in the name of the inventors, then any of the inventors may make use of the patent. If the patent is issued to an assignee, then the individual inventors may not make any use of the patent. You really need to find an attorney who can review all of the relevant facts of your case and advise you accordingly. Try and find a French patent attorney who has worked on or with U.S. and other foreign patents, that's probably your best bet.

 

[brevet_blem]

Thank's for all your answers.
I will paste here the informations who appear in the first page of the patent issued in the US:
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
Inventors: Me; 2 others persons
Correspondence Name and Address: An attorney in the US

Serial No.: 00xxxx
Series Code: xx
Filed: Month x, 2004

U.S. Current Class: xx/xx; xxx/xx
U.S. Class at Publication: xxx/xxx; xxx/xxx
Intern'l Class: G01N 031/00
Foreign Application Data
Date Code Application Number
Month , 2003 FR xx/xx.xxx
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

That's mean the patent is issued solely in the name of the inventors or is issued to an assignee?

for information, the foreign application data (in France) was issued in the name of "B" ( I did'nt sign any document. It's a fraudulent deposit).

As I know, a french patent attorney can't exert in the US. So I need also a Us patent attorney...