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Alberto Augusto Leon

Alberto Leon’s Answers

3 total

  • I have a jointly held patent. Can one of the joint owners file for an international patent without including both joint owners

    Alberto’s Answer

    Assuming the international patent is directed to the exact same invention (same claims and same inventive elements), the other person's filing of the international patent application could be deemed to be fraudulent for failure to disclose all the required inventors (non-joinder). That could ultimately result in an issued patent being deemed invalid. There might be ways in the context of an international application to force the correction of the inventorship mistake, at least there are such ways in the U.S. if the inventorship mistake occurred without deceptive intent. Different international jurisdictions or treaties have slightly different rules concerning the correction of such mistake and/or the ability of a third party to interfere or intervene in a pending patent application. That is especially true because applications are usually confidential until the time they are published. I recommend that you consult a patent attorney in your locality with experience in the rules of international application processes. The information herein is not to be construed as legal advice and it does not form the basis of an attorney-client relationship.

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  • I had a provisional application with a partner. We let the provisional expire.Now he has filed an international pat excluding me

    Alberto’s Answer

    Sounds like you had filed a Provisional Patent application which by no means gives the listed inventors a "patent." Instead, the inventors got a filing date, patent pending status and a one year time limit to file a non-provisional application directed to the same invention. After the expiration of the one-year deadline, the inventors lose their filing-priority date. You may have some legal recourse in the litigation context and there might be ways to interfere or intervene in the pending application filed by your old partner. I recommend you consult a competent patent attorney/litigator in your area ASAP. The information contained herein shall not be construed as legal advice and there is no attorney-client relationship formed by virtue of it.

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  • Patent Law Application filing questions.

    Alberto’s Answer

    Good Morning. If the same product, without material differences, has been on the market for 5-6 years, you, most likely, cannot patent it under current patent law. An inventor is barred from patenting an invention that has been known within one (1) year of the date of the patent application. This statement does not constitute legal advice and does not form the basis for an attorney-client relationship and it is being given based on a very limited set of facts provided.

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