How can I collect on my patent? 3 Answers as of May 20, 2011

I did a patent (Idea and drawing for working model) with Verizon Wireless in 2001. I am now trying to collect the 1-3% that my contract had stated (cant find the contract because I moved). I do have something that may at least show for an IPO. I also did a Provision Patent and design on another concept and last year a company out of France is using my Design and concept.

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
The details you provide lack sufficient information to respond. However, in general without proof of a contract and a patent, it will be difficult to enforce payment on either. Your provisional patent may have expired, but in any event, your design and provisional patent (which i assume were filed in the US) are limited to the US. Without a filing in France, you have no rights to stop someone in another country.
Answer Applies to: Kansas
Replied: 5/20/2011
Devon & Associates
Devon & Associates | Marcia A. Devon
I cannot determine from the information you provided whether you actually have a patent. A provisional patent application and a written disclosures are not patents. The United States Patent & Trademark Office (USPTO) does not examine provisional patents at all they simply wait to see if you file your utility application one year later. The USPTO then examines the utility application and they reject approximately one-half of them. You must have a patent issued by the USPTO in order to bring suit for patent infringement. It does sound as if you may have an enforceable contract for compensation. I strongly recommend that you locate the contract and consult a patent attorney to determine if you are owed any money under the contract. If you cannot locate the contract, it may be possible to obtain a copy from Verizon.
Answer Applies to: California
Replied: 5/19/2011
DANIEL NESBITT | Hasse & Nesbitt
You will need to contact a patent attorney and provide more details. Provisional patent applications have only a one-year lifetime. If you did not follow through with a non-provisional patent application or conversion within that one year, then that invention filing is probably lost.
Answer Applies to: Ohio
Replied: 5/18/2011
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