Expert: George H. Morgan, P.E., Patent Agent - 12/27/2008

Question
how do i find out if my patent has been commercialized, and how do i get my share of compensation? i am an inventor of an epoxy product that was patented, which I made while working in a company in the US, but i left the company (as well as the country) i was working in right afterwards (since i shifted back to my home country), so i dont know what happened after that. however, i looked up my patent online and it shows the product has been patented in both USA as well as Europe. my name is listed there, but also listed are the names of 2 other employees and the president of the company, who had nothing to do with the product. in fact, in the US patent, my name is listed last (altho i was the sole inventor). the online records show that the patent was renewed year after year, so i am sure they were making money off of it because no one wud pay renewal fees every year just for nothing.

the biggest question is that, since i m no longer with that company and not in contact with them, i have no idea what the president of the company did, if he gave anyone a license for the patent, to which companies and countries he commercialized it to, etc. is there any way to find out these things (apart from asking him directly)?

i also want to know my rights. since i am an inventor (i was actually the SOLE inventor but now the patent record shows 4 inventors), am i entitled to get compensation whenever the patent was commercialized? how wud the amount be decided? what wud be the correct way for me to go about this whole thing so that i get the the compensation due to me (which i really deserve). pls advise and guide me.

Answer
On finding out if your patent has been commercialized:
1. If you have any friends at the company, try asking them.
2. If you have any contacts at the company's customers or, perhaps, suppliers, ask them.
3. Keep monitoring the company's web site to see if they are bragging about "their patent".

Big question:  What can you do about it?

You can buy a copy of the patent prosecution file and see who was swearing they were true inventors. As you claim to be the only inventor, that means the people swearing they were inventors too are quilty of fraud. You may remember signing a declaration that you were the true inventor. If you didn't sign off on paperwork, the company president may have filed a declaration that he was unable to locate you, and proceeded without you signing off on the invention. Again, if he knew where you were, that would be fraud.

You buy the copy of the patent prosecution file directly from the U.S. Patent Office.

About now, you need an attorney, preferrably a patent attorney, in the U.S. to represent you. There are contingency lawyers around. If you want me to try to find one for you, email me off line at patagent@evansville.net and I will ask a local one if he is interested. If not, I will ask Ronald Riley, a noted inventor activist if he knows of one that might be interested, and then I can forward your questions and location to whoever is interested. A contingency attorney is one who prosecutes your case for a per centage of the outcome. However, you still have to pay filing fees and out of pocket expenses, usually. However, that would be between you and the attorney. Keep in mind, ownership of a patent is a separate issue than nventorship. If you signed agreements when you were hired, that all inventions belonged to the company, then you are not the owner and have no rights to the invention. However, if they were guilty of a fraudulent application, in the U.S., that is a criminal matter and that may give you some recourse.

In other countries, such as Europe, an employer can apply for a patent, without an employee's consent or co-operation. However, fraud is a different matter, separate from the ownership issue.

I hope this helps.

Best wishes in your struggle.

YOu can contact Ron Riley, through a link on the Inventors Resources page of my web site at http://www.evansville.net/biz/patagent

George H. Morgan
Professional Engineer (since 1958)
Patent Agent (since 1973)