designbysumo
Mar 7 2003, 09:33 AM
When it comes to listing multiple inventors on a patent, should there be an order of seniority in respect to inventor ownership? I believe that each inventor listed, "legally" retains equal ownership of the invention. Let me ask this question: Lets say there are 3 people involved with an invention. One person came up with the idea, and then developed the majority of the invention. The second and third people were partially involved with the development. Would it be right or fair for the initial idea generator to be listed as the second or third inventor on the patent?
eddie
Mar 16 2003, 07:30 PM
the order in which you list the inventors has no importance. But is very important to list only the real inventors. If you have a guy who just work on the project or just put some money they are not inventors.
You can asign percentage of the invention ownership rights to them.
Inventorship is one thing ownership is something else.
welkerm
Jul 20 2003, 04:55 PM
designbysumo,
Also Consider the following:
35 U.S.C. 262 Joint owners.
In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or import the patented invention into the United States, without the consent of and without accounting to the other owners.
AND
ASSIGNMENT
"Assignment," in general, is the act of transferring to another the ownership of one's property, i.e., the interest and rights to the property. In 37 CFR 3.1, assignment of patent rights is defined as "a transfer by a party of all or part of its right, title and interest in a patent or patent application...." An assignment of a patent, or patent application, is the transfer to another of a party's entire ownership interest or a percentage of that party's ownership interest in the patent or application. In order for an assignment to take place, the transfer to another must include the entirety of the bundle of rights that is associated with the ownership interest, i.e., all of the bundle of rights that are inherent in the right, title and interest in the patent or patent application.
If you have any questions, please contact me at your convenience.
Matt W.
mattw@graffitipromotions.com
Reg. Patent Agent