If I am inventing something, would it be my invention if some of the ideas were thought up by other people?

Question

I am quite pedantic and feel quite guilty for the smallest things.

If someone thought of an idea for a possible invention, but left it there, and I took the idea, improved it, tweaked it, polished it and turned it into an actual working machine and patented it, would it be my invention?

Even if it is my invention according to law, what about morally? Do you think it is stealing, or just sharing information and avoiding reinventing the wheel?

Answer 1

Legally, you only patent the part of the invention you contribute. That is why in a patent application, there are references to prior arts. You invention is based on certain existing technology, and have your improvement.

Prior arts can be existing, published patent, existing products, article in trade journal or academic journal, or some one else's idea. Your patent only protect that portion that you claims as your invention. Like you refer certain prior arts in your patent application, it does not mean you can use that technology as yours, if you want to, you have to have a license from the prior art patent owner.

Beside, you may consider a group of people to apply patent. Like, there are multiple inventor. And the group form some forms of cooperation, like a limited company to apply for patent.

Answer 2

The legal questions are best answered by people with patent law experience in that particular field. When you write a patent application, you need to include all the related work of others. It's the job of the patent office to make the final determination of whether your particular idea, as you presented it, is patentable.

If someone else holds a patent on the idea you want to pursue, the holder may consider licensing the rights to you.

Bringing any idea, patented or otherwise, into productive use is an entirely different effort, and is also of great value. It requires an entirely different set of skills, and few people have both sets. It's an honorable thing if you do it honestly.

Answer 3

Both legally and ethically, a lot depends on the extent of your improving, tweaking, and polishing. If you are adding something unique and innovative to the original, then it is your invention. All inventions are based on older ideas. If you are merely prettying it up a bit, then ethically at least, you are stealing the other person's work. That person may also retain legal rights, and could sue you or block the patent. If that work has been published or used, it is also ineligible for a patent, at least in the US.

Answer 4

this way of question is the explanation there is a lot strife between races whats up it relatively is 2006 recover from it and connect society you are able to no longer have it the two techniques your the two American or you're African, and once you're African while replaced into the final time you have been in Africa? Who cares who invented what if it works use it if it do no longer sell it at Wal*Mart there is mostly a redneck that'll purchase it , particularly in case you place a nascar sort or a martha stewart tag on it. forget attempting to be seperate and connect the rest human beings against the ignorant ones.

Answer 5

If you have reduced your idea to practice (Reduction to practice) i.e. actually built one then its your idea. You cannot just sit on an idea and not develop it and expect to own it if someone else develops the item.

There are also several time limits which come into play as well one involves disclosure to the public domain which give you a year to file.

Another is that you have to be actively working on the development you can't shelve the idea half way through development , not work on it an then expect to get credit for it if someone else develops it fully later on. This is the second time period I referred to, you can shelve development if you are continuing development in a reasonable time with reason. For example you need to raise funds, you can only work on it for limited times (seasonally) .

Although you were inspired by another you were the driving force in development creating the prototype then its yours provided that the other individual didnot contribute directly to the reduction of practice...

No need to feel guilty if you performed the reduction to practice solely.

Answer 6

Every invention is based on earlier inventions and discoveries. Essentially, you are patenting the tweaking and polishing. Just remember to keep good dated records and get someone to sign your records, saying that they saw them on that particular date.

Answer 7

Well legally the invention might be yours but morally also to a larger extent it ca be yours also. but overall i would suggest you. if this situation happened practically to you then publicly admit that though u have work harder towards it but the inspirational idea was from other person. name that person and give him a gift of acknowledgment thats it. you will be happy in the end . even that person will be happy he will become your fan forever and also public will be happy and will think that u r a great noble person and may be if your invention is applied for NOBLE price then u will score additional points from the NOBEL commitee for your honesty.

So dude the morla of the story is always aknowledge others work. be it worthy of a cent but aknowledge it.

Answer 8

If you hold the patent, it's yours. All the drug companies have large staffs working for them inventing new medicines and when it is developed, it is the companies property,same way in all things.....

Answer 9

According to law it is the joint invention, but if major efforts is yours and they were paid for their contribution as employee then it depends on the employment contracts ( what was the initial understanding).

Answer 10

if most of idea is of others then give it up or you feel guilty but if you are continuing someone project its good as you are keeping his thoughts alive