If my mother and I co-invented a product and the profits are not being shared equally, how wouldI go about suing her?

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If my mother and I co-invented a product and the profits are not being shared equally, how wouldI go about suing her?

We are co-inventors on the patent and we had a oral agreement that the profits would she shared equally. With help from my parent’s business, the item has a licensing deal and is making a lot of money. My parents are now only giving me 30% of the profits and I have no control since the checks are being sent to them. How would I go about suing them since I am only 16?

Asked on February 1, 2011 under Business Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I think that you know that this is not the best of situations here.  But I think that your best bet would be to consult with an attorney about what is needed to represent your interests.  The problem is - obviously - that you are a minor and your parents are your legal guardians.  This matter may come to a head on many different levels in that you may have to attack that issue as well in order to deal with the business issue.  Do you have an adult that you can go to for help here?  The attorney that did the patent represented both of you so he or she has to remain neutral. You know that oral agreements are not as good as written agreements but one would not think that their parents would do anything against their interest.  Get some help and good luck. 


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