QUESTION
What are my rights if someone I shared an idea with it is not selling it as his own?
Asked on Jul 27th, 2011 on Patents - California
More details to this question:
My partner and I came up with a great idea we made a proto type. He called a few companies now and he is trying to cut me out. We didnt have anything in writing. What can i do?
2 ANSWERS
This is not a patent question but rather and ethics question. Short of having any sort of written agreement between the two of you, and short of owning any sort of right to your idea, I would say you are out of luck. Just keep in mind if he is publicly disclosing your idea and tying to sell it - you may only have a very limited time in which to apply for a patent on the embodiment of your idea (your invention.)
Answered on Aug 01st, 2011 at 12:41 PM
If you had an oral partnership agreement, he is breaching his fiduciary duties by cutting you out. I would take a hard stance and immediately retain aggressive counsel.
Answered on Jul 29th, 2011 at 7:49 AM