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jkhobbs72
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(New)
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04/22/08 12:32 PM
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208.80.72.63
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patent pending
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My husband and I are divorcing after two years. Everything we have, was his before the marriage and I know I have no rights to any of it. However, about 8 years ago, he designed a piece of farm machinery and just within the last year decided to patent it. I sought out and paid for a web designer to design the website for prospective companies to view. Am I entitled to any of the royalties he might earn from this machinery?
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Re: patent pending
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Greed comes to mind. You want to share in something your X came up with six years before you married. Are you willing to take any of the risk from a lawsuite if someone gets hurt by this product?
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jkhobbs72
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(New)
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04/30/08 09:43 AM
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208.80.72.63
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Re: patent pending
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Well I am sorry you feel that way considering he has hidden all of the income tax return and tax relief checks from me and is not even letting my children keep their beds. His wife passed away and I have raised his daughter since he works shift work. I take her to her mother's grave because he refuses to go. I have had to call the sheriff's office many times because he has threatened to throw me and the kids out in the middle of the night. I have attended all school functions for his daughter and he has attended one. He has attended NONE for my children. So although he sold all my stuff to a needy friend at work at the beginning of our marriage and won't give me ANYTHING. I'm greedy. If it wasn't for me, he wouldn't have had the design on the internet thus on the market for prospective buyers. He let it sit for six years prior to that. I'm amazed.
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Re: patent pending
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It is the way you worded it that made it sound greedy. Not saying that you shouldn't get more then you have but just that it sounds like your out to get even.
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KGrow
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(Platinum)
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04/30/08 07:54 PM
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24.8.144.220
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Re: patent pending
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If you set up a company to market the invention, the company could be considered marital property and next step would be to try to put a value on the company.
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jkhobbs72
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(New)
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05/01/08 11:20 AM
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208.80.72.63
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Re: patent pending
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Well I spoke to an attorney yesterday and she said due to the fact that I wrote the abstract for the patent, made all contact to get the web page designed and active, paid the designer myself, that I "enhanced" his product. So once we get the market analysis from the company who is interested in the product, a dollar amount, we should be able to see how much the "enhancement" helped him out. Thanks for your advice.
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jkhobbs72
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(New)
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05/01/08 11:24 AM
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208.80.72.63
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Re: patent pending
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and I didn't ask for a character analysis, just legal advice.
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KGrow
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(Platinum)
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05/01/08 02:26 PM
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24.8.144.220
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Re: patent pending
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Here's a little more legal advice (actually it's business advice).
If you don't have a company established around this invention, you don't have much of a legal framework to make a claim on it. The idea predated your meeting the inventor. I doubt you have anything in writing that says, "You set up a website for me and I'll share royalties with you." The value of the invention is purely speculative since no money has been made, not contracts have been signed.
Keep in mind that it is fundamentally in your lawyer's interest to give you undue hope. If you're paying him hourly, he's being paid for fighting, not for winning. To get a real sense for the viability of this, ask your lawyer if he'll accept a cut of the royalties you hope to collect instead of his hourly rate.
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