Legal Question in Intellectual Property in Louisiana
Intellectual Property Question
I was an inventor of instrumentation system and process with a startup company. The invention was reduced to practice and a patent app was filed for this particular invention. Shortly thereafter the filing, my company ceased operations. Approximately 1 year later, the founders of the company were the invention was concieved, started a new a company based on the concept of the invention i conceived. Do i have any bases for a claim against this newly established company?
1 Answer from Attorneys
Re: Intellectual Property Question
Are you a named inventor for the patent application that was filed? If so, you may have some patent rights. Additionally, did you assign your rights to the failed startup? If so, then the failed entity might have some patent rights- and you would not have any patent rights. Is the patent application still valid (e.g. has it not been abandoned)? If it has gone abandoned, then you most likely will not have any patent rights to the invention. Lastly, who got the rights to the failed company- e.g. did you have any equity?
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