Legal Question in Technology Law in Arizona

Patents and Copy Rights

I was reading an article about a discovery made by a professor. While reading it, I came up with an application of the discovery that could be very successful. What are the approaches that I can use to get my product patented or to use the professor's discovery to create my product legally? Do I need to get a license to use the professor's discovery, etc?


Asked on 1/12/05, 1:10 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Patents and Copyrights

You have not provided enough information. Ordinarily, only an invention can be patented. Discoveries deal with facts which existed before the discoverer came along and are generally not patentable, but there are some exceptions to this rule.

If the discovery is not patentable then you don't have to deal with the professor. However, the professor may believe it is patentable and may apply for a patent on that basis. Resolving his claim will take time, and if you try to proceed without dealing with him you may well be sued. Whether you win or lose will depend upon whether his application is granted.

Keep in mind that if you think the discovery is not patentable you may be wrong. You really need to consult with a patent lawyer and give her a lot of detail about the discovery and what you have in mind.

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Answered on 1/12/05, 10:08 pm


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