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Topic: Quick question about assignment and shop rights. (Read 574 times) |
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qwerty1234
Newbie
Posts: 1
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Quick question about assignment and shop rights.
« on: Mar 17th, 2005, 5:29pm » |
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I am an inventor. I was hired on a per hour basis to develop some prototypes that would help a firm bring a vague idea about a mechanical invention to the market. There was no written contract.
During the course of developing this product, I was brought into build some models of the existing idea. These proved to be interesting, but there were a variety of innovations needed to make the device patentable. As a result I managed the development of the invention and had a hands-on day to day role in evolving the invention into a patentable, producable device.
Over the course of several months, I brought in a prototype specialist to work with us on developing the product. The product has since been put into production and a patent under the names of the person who had the initial idea, myself, the prototype specialist and the person who funded the work. The prototype specialist was listed as the principal inventor on the application.
What are the rights of the individual who funded the work? What are the limitations of my own ownership?
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Isaac
Senior Member
Posts: 3472
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Re: Quick question about assignment and shop right
« Reply #1 on: Mar 17th, 2005, 5:58pm » |
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Without an assignment or an obligation to assign, and without
an agreement about how ownership is to be divided, the inventors
own the invention in equal shares.
It is not clear from your story who invented what and of course
there is no indication of whose activity is actually in the
claims of the patent. But assuming that the people you named
each contributed to the subject matter of the patent, you
would each own a 1/3 share of the patent rights.
There may be something like a shop right that might allow the
owner to exploit the patent for his own use, but since he is listed
as an inventor, perhaps that issue is moot since he does not
need the permission of the other inventors.
Having the ownership of a patent split among diverse interests
is not an ideal situation. Looks like someone goofed.
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Isaac
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