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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