The Questions

Since we were supposed to come up with 10 questions related to our major, I really had no clue where to even start. I began looking through different blogs and with the help of other students, I found these questions to be most helpful and useful to me.

If a company give you a design and didn’t know it was inspired by another company and you didn’t know anything about it, can you still be sued?

“An application for a patent on an invention must be made in the name of the inventor, even if a commercial or non-profit organization actually owns the invention.”(Patent, Copyright and Trademark. Richard Stim. Page 80)

What is the best response to a non compete disclosure contract? (what’s the best way to handle it)

“A business that owns trade secrets is entitled to court relief against those who have stolen the secrets or divulged them in violation of a legal duty-for example, after signing an agreement not to disclose a nondisclosure agreement or NDA.” (Patent, Copyright and Trademark. Richard Stim. Page 512)

Is it possible to modify an existing design and use it as my own?

“To design or build a device or process that is similar to but doesn’t infringe on an invention protected by a patent is referred to as “design around” the patent.” (Patent, Copyright and Trademark. Richard Stim. Page 52)

What rights do I retain when using company software?

“The term internet patent has been used to describe a group of utility patents issued for software programs and for methods of doing business, most of which relate to Internet uses.” (Patent, Copyright and Trademark. Richard Stim. Page 79)

If you do a design, etc. for a client and are not paid for it, does the actual design belong to you or the client?

“The process by which an owner gives permission to another party to make, use, or sell his or her patented invention is most often given in the form of a written document called a license.” (Patent, Copyright and Trademark. Richard Stim. Page 82)

How much do people charge to read a contract, or advice/interpreter?

“…patent agents are nonattorneys with technical training who are legally permitted-under a license issued by the U.S. Patent and trademark Office-to draft, file and prosecute patent applications on behalf of inventors.” (Patent, Copyright and Tradmark. Richard Stim. Page 97)

Can you be inspired by a competitors work and use it against them, at the same time changing it into a different design?

“Whoever invents any new, original, and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions.” (Patent, Copyright and Trademark. Richard Stim. Page 177)

If I lose inspiration and go online and use someone else’s design, more than I intended to. Will I be safe from a lawsuit if I changed it enough so it isn’t exactly the same? What recourse do I have if the roles are reversed, if my work is the work being stolen?

“If the person explains in writing the pertinency and manner of applying such prior art to at least one claim of the patent, the citation of such prior art and the explanationtherof will become a part of the official file of the patent.” (Patent, Copyright and Trademark. Richard Stim. Page 186)

If I create a design for a company, can I still distribute the same design to other companies?

“When a copyright owner wishes to commercially exploit the work, the owner typically transfers one or more of these right to the publisher or other entity who will eresponsible for getting the work to market.” (Patent, Copyright and Trademark. Richard Stim. Page 192)

Am I entitled to full rights of a design if i were to create it within a group?

“If the license allows others to exercise the same rights being transferred in the license, the license is said to be nonexclusive.” (Patent, Copyright and Trademark. Richard Stim. Page 192)

Being a draftsman, most of the time we work in groups. These questions are related directly toward my major and it will help me create a better understanding of the limits and rules about designing and working professionally.