Legal Question in Intellectual Property in Illinois

Money Deserved for Invention
My father-in-law submitted an idea for keyless car entry back in 1978 and got it notarized but didn't have the money to pursue creation, because he still have record of this and it has since been created, what is his recourse given he was the first with the idea. How can he lay claim to money that is rightfully his?

Asked on 12/29/07, 3:26 pm

3 Answers from Attorneys

Donald R. Simon The EIP group

0 users found helpful

0 attorneys agreed

Re: Money Deserved for Invention

I'm pretty sure that since he's waited nearly 30 years to contemplate bringing an action, he's out of luck. Statutes of limitation place time limits on how long litigants can wait to bring lawsuits. They are usually anywhere from 2 to 3 years after becoming aware of the infringement.

Even if by some stretch of the imagination he still has a valid claim, he will most likely still be out of luck unless he can prove that someone stole his idea DIRECTLY from his notarized document. Stolen ideas are are just too tough to prove.

Answered on 12/29/07, 3:42 pm

Mark as helpful

Justin Lampel Lampel & Associates, P.C.

0 users found helpful

0 attorneys agreed

Re: Money Deserved for Invention

Im sorry to say that there is no money that is "rightfully his." If your father-in-law did not have a patent (and someone with access to his information didnt steal the information from him), then your father-in-law has no ownership of the invention. Even if your father-in-law did have a patent, that patent would have long ago expired. Further, if you have a claim against someone you have to file an action in a reasonable amount of time.....clearly 30 years later is unreasonable. My advice is that your father-in-law speak to a patent attorney for any future ideas. happy holidays.

Answered on 12/29/07, 3:46 pm

Mark as helpful