Disclosure on the jobsite
Using an invention on a visible jobsite, demonstrating it to owners or subcontractors, or offering it for sale can count as a public use or sale under patent law. Patent law in the United States gives an inventor's own disclosures a limited grace period, but foreign rights may be lost, and relying on that grace period is a poor substitute for filing first. Confidentiality agreements with project partners and careful control of demonstrations help reduce the risk. An experimental use exception can apply in narrow situations, but it depends heavily on the facts and on records made at the time.
Ownership in collaborative projects
Construction innovation often involves contractors, engineers, owners, suppliers, and consultants working together. Contract terms may give ownership of improvements to the project owner, to the designer, or jointly to several parties. In the United States, each joint owner of a patent can generally use and license it without the others' consent, which surprises many business partners. Review design-build contracts, supply agreements, and employee agreements for intellectual property clauses. Keep development records showing who conceived each part of the invention. Research partnerships funded by the federal government can also leave the government with rights in the resulting inventions.
Enforcement in the industry
Infringement may involve competitors, contractors using copied equipment, or suppliers of components. Supply contracts often include patent indemnity clauses that matter when a claim arises. When a patented invention is used by or for the federal government, claims generally go against the United States in the Court of Federal Claims rather than against the contractor. Software and method claims also face patent eligibility scrutiny. Projects for state and municipal owners raise their own questions, which depend on the contract and the jurisdiction. We start by understanding the technology, how it has been used or disclosed, and the contracts involved, then advise on protection and filing strategy, with prosecution handled by a practitioner registered with the USPTO.
