Re: Patent ownership question

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Ken,

Interesting question, as long as they have filed
the "provisional patent application" with the USPTO you are
protected since this is public record with the USPTO. If
only private communication and not filed with the USPTO or
published in a commericial source, then you are at risk to
losing inventorship. The drawback is once you have disclosed
your invention either via a provisional patent application
or public disclosure, or by publication you have exactly 1
year to file a patent --- or your invention in most cases is
free to the public to use and develop into a commericial
product with no recoarse legally, the provisional patent
application will generally protect others from filing a
similiar patent application or defeat pending claims.

Europe and most countries have a first to file rule, so in
order to obtain foreign coverage it's best to file a full
patent application before commerializing or publishing the
patent application or idea.

However, the purpose for a PPA (provisional patent
application) is to secure an invention date without buidling
and testing a prroduct (PPA does count as reduction to
practice). Hence, if I were you I'd have a concern with
your "marketing firm", any firm that avoids filing a full
patent application, before marketing an invention should be
viewed very suspcious. You have zero protection currently,
for markeing your invention --- unless claims issue on a
registered patent you have no legal recoarse --- the only
thing you have is a useless PPA, which only may prevent
someone from patenting an "exact copy" of the rough idea,
but you have no protection.

A lot of so called "invention" or "marketing" companies will
file bogus PPA or patent applications with very restrictive
claims and take inventors for a "legal ride" running up the
bill. It is better in my business experience to find a
reputable attorney or law firm if you feel your invention
has merit.

Best Regards,
Vic