Legal Question in Intellectual Property in Pennsylvania

inventors rights

I signed a ''record of invention'' with a law firm in PA., They said they would do a patent search, and get back to me. How much am I legally boud to this PA. Law firm. I may want to get the patent, marketing on my own. I live in NY. Please advise. thank you very much.


Asked on 4/09/03, 7:47 pm

2 Answers from Attorneys

Gerry Elman Elman Technology Law, P.C.

Re: inventors rights

A client's relationship with any patent law firm is governed by the terms of any letter of engagement that the client has entered into, as well as the rules of professional responsibility of both the State that the lawyer practices in and the US Patent and Trademark Office. Without knowing the specifics of the letter of engagement between yourself and the law firm, one cannot advise you on your particular rights and responsibilities. However, in general, under the rules of professional responsibility applicable to Pennsylvania patent attorneys, a client generally has the right at any time to request a patent attorney to do no further work on a project and to bill the client for what has been performed to date.

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Answered on 4/10/03, 7:12 am
Brian Greenberg Law Office of Brian Greenberg

Re: inventors rights

Aside from your obligation to pay the firm for work already performed, you have no further obligation to them and you need not continue to work with them if you do not wish to do so. The firm, on the other hand, is forever obligated to maintain the confidentiality of whatever you disclosed or communicated to them prior to and during the course of the engagement. They are also obligated to turn your client file over to you should you terminate the relationship and request the file. If you do not wish to proceed with the firm, I suggest you send them a letter stating so and asking for your file. Best of luck.

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Answered on 4/10/03, 10:01 am


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