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Topic: Assignment of IP rights by patent 'Inventor' (Read 977 times) |
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sykessler
Newbie
Posts: 1
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Assignment of IP rights by patent 'Inventor'
« on: Apr 12th, 2007, 10:47am » |
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Hi,
My teammate and I are developing something for an idea I conceived of. He doesn't mind signing over IP rights to my company through a proper legal agreement. He doesn't want money or shares. He does want his name to be on a future patent resulting from this work if one should be filed.
Which has higher legal authority? The IP assignment document ("any and all rights...") or his name being on the patent?
I seem to recall reading somewhere that if someone is named on a patent that that overrides any other existing agreements. Is this true?
Thanks,
Shmuel
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JimIvey
Moderator
Senior Member
 
Posts: 2584
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Re: Assignment of IP rights by patent 'Inventor'
« Reply #1 on: Apr 12th, 2007, 11:56am » |
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on Apr 12th, 2007, 10:47am, sykessler wrote:| Which has higher legal authority? The IP assignment document ("any and all rights...") or his name being on the patent? |
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The former.
on Apr 12th, 2007, 10:47am, sykessler wrote:| I seem to recall reading somewhere that if someone is named on a patent that that overrides any other existing agreements. Is this true? |
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No.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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patentsusa
Junior Member
Posts: 81
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Re: Assignment of IP rights by patent 'Inventor'
« Reply #2 on: Apr 12th, 2007, 11:48pm » |
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Joint inventors are treated as tenants in common. You need an assignment. You have to list all inventors in the application regardless of who you want to have own the patent.
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Deepak Malhotra, JD, BSEE
Registered Patent Attorney
Malhotra Law Firm
www.patentsusa.com
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patent_type
Junior Member
Posts: 81
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Re: Assignment of IP rights by patent 'Inventor'
« Reply #3 on: Apr 21st, 2007, 7:29pm » |
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Actually, I believe joint inventors are more like joint tenants with right of survivorship. The joint ownership of joint inventors cannot be divided up like a tenancy in common can.
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Bill Richards
Full Member
Posts: 758
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Re: Assignment of IP rights by patent 'Inventor'
« Reply #4 on: May 8th, 2007, 4:21pm » |
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on Apr 21st, 2007, 7:29pm, patent_type wrote:| Actually, I believe joint inventors are more like joint tenants with right of survivorship. |
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I believe this is incorrect. The surviving inventors do not take through right of survivorship. The rights of the deceased inventor pass to his estate. (Assuming he's an owner and has not assigned.)
Quote:| The joint ownership of joint inventors cannot be divided up like a tenancy in common can. |
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It's been too long since I took property, but don't tennants in common have an undivided interest in the property?
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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