Legal Question in Intellectual Property in North Carolina

me and my brother have been in the process of developing a new product that is almost ready to market. he has took it upon himself without my consent to take both his and my ideals and get a patent pending only in his name. then when i talk about how we would split any profits from the product in the future. he really won't give me a clear answer. what are my options ?


Asked on 6/02/10, 8:51 am

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

An attorney will tell you, don't get involved in business deals with relatives - especially close ones. Consult with a patent attorney to find out how you can object to the pending patent. A legal letter from an attorney to your brother may clear up his entire perspective. Consult with an patent attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/02/10, 1:02 pm
Quinn Johnson, Esq. Johnson PC, Attorneys at Law

I am unclear as to exactly what has been filed to give your brother “patent pending” status, nonetheless, an application for patent registration (either a provisional application for patent or non-provisional Utility patent application) requires the full disclosure of all inventors.

Consult an experienced Intellectual Property attorney to review your brother’s “patent pending” documentation to determine whether an amendment must be filed to correct inventorship.

COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.

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Answered on 6/02/10, 6:56 pm


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