Prompt Michael and Johnny are sitting at a bar having a few beers. Michael is a
ID: 339815 • Letter: P
Question
Prompt
Michael and Johnny are sitting at a bar having a few beers. Michael is a product engineer and Johnny is an electrical engineer. Johnny says it would be interesting if someone could create a product that not only kept beer cold but could tell your blood alcohol content just by holding it. Michael agrees that's a great idea. Johnny tells Michael more about his idea and shows him the schematic of his concept. Several months later Michael has applied for a patent for the BA Colder; a sleeve for beer that tells the BAC of whoever is holding it.
-Was there a contract of any kind?
-Who has legal rights to the concept?
-Is there any intellectual property violation?
-Discuss any other concepts you feel are relevant.
What You Will Turn In:
A written APA formatted paper of at least 750 words with at least three references and citations.
Explanation / Answer
- No, there was not a contract of any type. This was just a casual idea or concept sharing by Johnny to the Michael.
There are a numbers of contracts or agreements depending upon the stages of the concept implementation or invention to safeguard the different stakeholder's rights toward the intellectual property of the new, concrete & original concepts & also to avoid any breachment or misappropriation associated with it, are as follows-
So, there was non of any above agreement in that case.
- Actually, the ideas are solely cannot be protected till they the time they become an Express which is concrete, original & feasible. As copyright protects expression & patents protects inventions, so having mere the concept or idea about the product cannot ensure any legal right to the concept.
Also, the provisional patent application was not filed beforehand by Mr. Johnny to protect his idea. It play an important role in some countries like US where through USPTO an applicant can protect his idea provisionally for up to one year by allowing their idea to label as 'patent pending'.
So, according to the above statements & facts Johnny did not have the legal right to the concept but Michael had it.
- Yes, there is an intellectual property violation. As the concept or idea was not Michael's own & was taken from the Johnny. But Johnny did not have the intellectual property right filed to sue Michael due to lack of the evidence i.e - Agreement signed by Michael against non - disclosure or non - compete.
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