Do Researchers Grab One Anotheris Intellectual Property Frequently, And What're The Treatments?

[tylor]

Somebody's taken my buddy's dad's medical breakthrough, filled with all and language, and is attempting to industry it as their very personal unsuccessfully to date, just due to the fact they do not understand the difficulty. Showing his priority is not any situation, he's been reporting it on global congresses for a extended time now he's nicely-known property, but he's old and ill, doesn't speak English perfectly and doesn't realize how to fight for it, if. It is a huge deal, massive cash could be concerned. He's in america nowadays. Amongst the individuals who took from him has become the best of the biggest worldwide affiliation for this part of technology. The bad news is, patenting is not a choice, not after over ten years of producing it the excellent news is, it is patented by the poor guys can not at times, for that same cause. What can be accomplished?

[mardel]

About the only thing he can do is to consult with an IP attorney.

[Germano]

It does happen, although not often. The remedy is to file a provisional patent. The remedy here is a review paper.. It has happened to me.  Twice.  Once a person took a collaborative project and submitted the paper to a meeting with only his name on it.  On the other occasion, I took an idea for a collaboration to a colleague.  He decided not to collaborate, but then did the same project with another person.  In the first case, I did the peer-reviewed paper and kept publishing in the field; he didn't.  In the second, there is no remedy.   Because your father never filed a patent, the idea is in the public domain.  Anyone else is free to expand the work and publish within the area.  However, your father already has the peer-reviewed publications.  His remedy is to write a review article of the subject and just cite all his former papers!  That establishes his priority for coming up with the idea.   Since there is no patent, there won't be any money unless the company that wants to commercialize the idea needs your father as an expert consultant.  In that case he should be paid in both cash for his time and stock in the company.  Of course, the company may want to hire the other guy.  Nothing you can do about that.  Sorry. lucaspa 71 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[vohkinne]

Seek and consult qualified intellectual property counsel. Having read the discussion thread, I have serious concerns about the quality of the answers I am about to read.  I have been giving sound specific advice to properly framed questions in the field of intellectual property law here on Askville.  What we have here is a situation where the cogent issues have not yet been identified.  This convoluted fact pattern has to be analyzed in a privileged setting by qualified counsel.  Go advise your friend's father to do so right away. Regrettably, and I hate to be the least bit critical, but I have to point out that this is not YOUR question anyway.  If your friend's father wishes to receive insight on Askville, I respectfully suggest that he join Askville, or its equivalent in his preferred language.   JoeG's Recommendations Profit from Your Idea: How to Make Smart Licensing Deals(License Your Invention) Amazon List Price: $34.99 Used from: $21.87 Average Customer Rating: 5.0 out of 5(based on 6 reviews) The Inventor's Notebook: A Patent It Yourself Companion 4th Edition Amazon List Price: $24.99 Used from: $15.90 Nolo's Patents for Beginners Amazon List Price: $24.99 Used from: $12.49 Average Customer Rating: 5.0 out of 5(based on 2 reviews) These may be of some help. JoeG 71 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[garbhach65]

Poppet! said: 2 About the only thing he can do is to consult with an IP attorney. 71 months ago

[Conlen]

It's not just common--but almost the rule. It happens to just about each and every one of us that gets a PhD.  Our ideas are credited to our 'mentors'. Especially in academia, all IP belongs to the university.  In industry, all IP belongs to the company.  Now in terms of writing papers and parading around meetings with the ideas as if it is their own, there is nothing you can do.  One must be extraordinarily careful about discussing your ideas and experiments before publication.  Whoever publishes first, gets the credit.. period.   And when someone beats you to publishing.. it is called getting 'scooped'.  You just live with it.  Hopefully, that didn't add 2-3 more years to your time-to-degree or cost you tenure. Yes, science can really suck.

[Torre]

Having read the discussion thread, I have serious concerns about the quality of the answers I am about to read.  I have been giving sound specific advice to properly framed questions in the field of intellectual property law here on Askville.  What we have here is a situation where the cogent issues have not yet been identified.  This convoluted fact pattern has to be analyzed in a privileged setting by qualified counsel.  Go advise your friend's father to do so right away. Regrettably, and I hate to be the least bit critical, but I have to point out that this is not YOUR question anyway.  If your friend's father wishes to receive insight on Askville, I respectfully suggest that he join Askville, or its equivalent in his preferred language.

[Xarles]

What can be done? Nothing... It's not just common--but almost the rule. It happens to just about each and every one of us that gets a PhD.  Our ideas are credited to our 'mentors'. Especially in academia, all IP belongs to the university.  In industry, all IP belongs to the company.  Now in terms of writing papers and parading around meetings with the ideas as if it is their own, there is nothing you can do.  One must be extraordinarily careful about discussing your ideas and experiments before publication.  Whoever publishes first, gets the credit.. period.   And when someone beats you to publishing.. it is called getting 'scooped'.  You just live with it.  Hopefully, that didn't add 2-3 more years to your time-to-degree or cost you tenure. Yes, science can really suck. corgistador 71 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Iona]

It has happened to me.  Twice.  Once a person took a collaborative project and submitted the paper to a meeting with only his name on it.  On the other occasion, I took an idea for a collaboration to a colleague.  He decided not to collaborate, but then did the same project with another person.  In the first case, I did the peer-reviewed paper and kept publishing in the field; he didn't.  In the second, there is no remedy.   Because your father never filed a patent, the idea is in the public domain.  Anyone else is free to expand the work and publish within the area.  However, your father already has the peer-reviewed publications.  His remedy is to write a review article of the subject and just cite all his former papers!  That establishes his priority for coming up with the idea.   Since there is no patent, there won't be any money unless the company that wants to commercialize the idea needs your father as an expert consultant.  In that case he should be paid in both cash for his time and stock in the company.  Of course, the company may want to hire the other guy.  Nothing you can do about that.  Sorry.