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"Absence of evidence is not evidence of absence."

- Sir Martin Rees


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Q: How may I be assured that my concept will be kept confidential? Doesn't my idea also make me an inventor? PDF Print E-mail

A: We execute a confidentiality agreement (NDA) before receiving any confidential information. Examples of such agreements may be seen by going to the radio-button NDAs.

Regarding your second question, an idea is not an invention. Invent Resources often encounters clients who suggest problems or product ideas and then believe that they should be named as inventors on the
corresponding patent applications. Below, we cite a case that demonstrate the legal status of such clients:

If a client sets forth the ideal attributes of a useful product without a technical description of the physical structure by which the objective or these attributes are to be achieved, he has not defined or conceived an invention. If such a client were to appear as a co-inventor the patent would be subject to invalidation in a suit.

Conception in patent law, is the formulation of the complete means, i.e., the physical structure, for solving a problem. The recognition of a problem, a desirable result, or even a general approach to solving a problem, without the formulation of a description of the physical structure to obtain that result or solve the problem, does not constitute conception of an invention and does not make the person who recognized the problem inventor or co-inventor of a physical structure invented by another, see generally Townsend v. Smith, 36 F. 292, 295, 4 USPQ 269, 271 (CCPA, 1929); Vanal v. Arata, 202 USPQ 581 (Bd. Pat. Int. 1977); and Freeman v. Motorola, 209 USPQ 829, 834 (N.D. Ill. 1980).

Furthermore, the inventions are defined by the claims: "The claim is a statutory requirement, prescribed for the very purpose of making the patentee define precisely what his invention is ..." White v. Dunbar, 119 US 47, 51 (1886); and see Texas Instruments, Inc. v United State Int'l Trade Corem., 871 F.2d 1054, 1063; 10 USPQ 2d 1257, 1263 (CAFC, 1989).

However, the client may sign a licensing agreement that gives him world-wide exclusive rights to the intellectual property that Invent Resources generates.

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