Intellectual Property Forum
Welcome to the Behavioral Technology Today Intellectual Property Forum. Questions submitted regarding this subject will be answered by Harold W. (Hal) Milton, Jr., our consulting expert. Your question, together with Mr. Milton's answer, will appear in the forum below. If you do not wish to be identified, you may sign your question with initials. Please indicate if you wish to receive an individual reply. Sorry, all replies will be electronic only.
April 4, 2001
Dear Mr. Milton:
I've come up with an idea and invention for housebreaking dogs. It's a relatively simple invention, but one that would make housebreaking any dog considerably easier in terms of acquisition and effort on the part of the owners. In a few weeks, I'll have an opportunity to talk to a number of the top animal trainers about my idea and see what they think. However, I have not submitted a patent for my invention, nor have I attempted to get the invention a patent pending status. Is there anything I could do in a considerably short period of time that would protect my invention and thereby allow me to speak openly about it? Thank you for your time.
Sincerely,
Eddie F.
Dear Eddie: You can file a provisional application, from which a regular application must be filed within one year. If you make a complete written description, you can file that description as the provisional application for a cost of under $500.
Best of luck,
Hal Milton, Esq.
March 1, 2001
Dear Mr. Milton:
I am a graduate student in behavior analysis at a major state university. My father and I have invented and are seeking patent protection for an automated feeding device for use with individuals who lack certain appropriate eating topographies. My concern is: must I disclose this invention to the University and if so, what rights, if any, do they have to any proceeds? I asked my advisor about this and he said something about shop right doctrine and suggested that I contact you. What is he talking about?
Sincerely,
John T. Rapp
Dear John:
You are not obligated to assign any invention falling outside your employment responsibilities. An automotive engineer is obligated to assign automotive inventions to his automotive employer but not a new medical invention he might make. However, if the employee uses his employer's facilities to make the invention, then the employer has a right to use the invention, but not own it. We would need more facts to make a final opinion.Best of luck,
Hal Milton, Esq.