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Author Topic: Assignments where sole inventor owns the small company  (Read 406 times)

BobRoberts

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Small company C owned by 'A' with a few employees.  Company has patent application with invention owned only by (inventor) A and no other inventors.

Thoughts on if/why and consequences of assigning invention to company as opposed to keeping in inventor's name?

For example, if not assigned, and medical expenses hit inventor A, patent may be considered personal asset of A and attached by medical creditors?  However, if assigned to small company C, and company C has financial issues, Patent could be attached by creditors of C. 

If A doesn't assign, and allows Patent to be used by company C, then does this use constitute a gif from A to C if the patent use is royalty free? 

What/how do you counsel small companies regarding assigning inventions where the company owner is the sole inventor?

Any thoughts regarding the above are appreciated. 
 
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bleedingpen

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Re: Assignments where sole inventor owns the small company
« Reply #1 on: 06-29-12 at 04:05 pm »

You lose lost profits as a measure of litigation damages if not assigned to the company.
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BobRoberts

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Re: Assignments where sole inventor owns the small company
« Reply #2 on: 07-01-12 at 12:55 pm »

Good point.  And thinking along those lines, not just litigation dmgs, but litigation costs as well I suppose...
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bleedingpen

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Re: Assignments where sole inventor owns the small company
« Reply #3 on: 07-02-12 at 06:10 am »

I think you can still get litigation costs (to the extent that Courts actually hand out costs).

Also, what happens if the inventor dies?
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