Comment by ilaksh
6 years ago
Its another example of why these types of patents shouldn't even be allowed. There are always a large number of people who don't get credit and/or won't get paid. And then all of the people who have very similar ideas or maybe the same one who get blocked from bringing products to market.
If the patent system somehow made it so people like the author of this post would actually make lots of money, that would be different. But it doesn't work that way.
There was an application that I worked on. I figured out all of the hard technical problems as the lead developer. Then when the guy got funding he kicked me off of the project, hired his friends, and filed a patent. He was "nice enough" to put my name on it but not as an assignee. Meaning I could never own any of the hard work I did.
This is the type of thing that reminds me that the idea that we really even have a civilization is a myth. Everything is just a game where the people who start with the biggest advantages and stoop low enough for the best scams come out on top.
It's a jungle out there, one of the hard realizations of getting older. Can try not to play along, but then you'll just be more screwed. :/
Patent law includes a provision for situations like this - it’s called “derivation,” meaning basically that someone stole another person’s work and tried to patent it. The rightful inventor can initiate a proceeding at the patent office to invalidate the patent and get control of the work.
If you add enough bling to an existing idea, you can patent that, if the bling you add is an obvious and probably necessary path forward, you can still steel ideas from the public domain.
Sounds like you signed something assigning your rights to the company.
If it was a job, it’s usually work for hire and not owned by him but by the company he was working for.
He would only not have rights to the invention if he signed them over during or after the patent application process. If he was an inventor and not listed on the patent then that invalidates the patent.