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Patent Ownership –
Inventors and Assignees
Inventors must be identified:
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U.S. patent laws require the identification of all individual inventors.
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Failure to name an inventor, or naming a non-inventor as an inventor, can
invalidate any patent that might issue from an application.
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There is no legal significance in the order in which inventors are named.
What makes someone an inventor:
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Only persons who contributed to the conception and/or the conversion of a
conception to a practicality are inventors.
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Persons who contribute financing or marketing or other auxiliary
assistance only are not inventors.
Assignment and ownership:
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Persons or businesses can acquire an ownership interest in a patent
application by assignment from the inventor.
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The
inventor granting the assignment is an assignor.
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The
person or business receiving the assignment is the assignee.
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An
inventor can assign a co-ownership interest by assignment to
himself/herself and a non-inventor jointly.
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The
granting of such ownership or co-ownership rights should never be
attempted by misjoinder of persons as inventors when they are not.
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A
patent application is owned by the inventors if there is no assignment.
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Joint inventors-owners of a patent application hold their rights as
tenants in common, not joint tenants.
other topics -
corporate
patent applications,
entry-level patent applications
more topics -
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patent ready,
patent or
trade secret it, FAQS,
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questions, inquiries
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contact the firm
(all contact modes)
or call 312.419.8055
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