←back to thread

Google Tried to Patent My Work After a Job Interview

(patentpandas.org)
1798 points jerryX | 1 comments | 30 Nov 18 05:25 UTC | HN request time: 0s | source
Show context
jackgavigan ◴[30 Nov 18 12:02 UTC] No.18568466[source]▶
IANAL, but 35 U.S. Code § 115 requires that "each individual who is the inventor or a joint inventor of a claimed invention in an application for patent shall execute an oath or declaration" that they believe "himself or herself to be the original inventor or an original joint inventor of a claimed invention in the application," and acknowledging "that any willful false statement made in such declaration or statement is punishable under section 1001 of title 18 by fine or imprisonment of not more than 5 years, or both."

So... How is this not literally a crime?

replies(5): >>18568684 #>>18568700 #>>18569184 #>>18570123 #>>18570938 #
yread ◴[30 Nov 18 16:17 UTC] No.18570123[source]▶
It is. And since recently there is even case law and supreme court decision for this:

https://www.patentdocs.org/2018/10/supreme-court-denies-cert...

replies(1): >>18572459 #
gpm ◴[30 Nov 18 20:43 UTC] No.18572459[source]▶
Denying cert is the supreme court deciding not to hear the case, not a supreme court decision on the content of the case.

That case appears to be civil, not criminal?

replies(1): >>18572940 #
1. travmatt ◴[30 Nov 18 21:42 UTC] No.18572940[source]▶
AIUI, the Supreme Court only takes cases that require their ruling to clarify interpretations of existing law or a lower correct incorrectly interpreted a law. Denying cert means their is no clarification to be made to existing law, so that in itself is an answer.