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Joint Ownership Agreement Patents
Joint Ownership
Patents may be owned jointly by two or more persons as in the case of a patent granted to joint inventors, or in the case of the assignment of a part interest in a patent. Any joint owner of a patent, no matter how small the part interest, may make, use, offer for sale and sell and import the invention for his or her own profit provided they do not infringe another’s patent rights, without regard to the other owners, and may sell the interest or any part of it, or grant licenses to others, without regard to the other joint owner, unless the joint owners have made a contract governing their relation to each other. It is accordingly dangerous to assign a part interest without a definite agreement between the parties as to the extent of their respective rights and their obligations to each other if the above result is to be avoided.
The owner of a patent may grant licenses to others. Since the patentee has the right to exclude others from making, using, offering for sale, or selling or importing the invention, no one else may do any of these things without his/her permission. A patent license agreement is in essence nothing more than a promise by the licensor not to sue the licensee. No particular form of license is required; a license is a contract and may include whatever provisions the parties agree upon, including the payment of royalties, etc.
The drawing up of a license agreement (as well as assignments) is within the field of an attorney at law. Such attorney should be familiar with patent matters as well. A few States have prescribed certain formalities to be observed in connection with the sale of patent rights.
You may apply for a patent for your invention.
Inventors may apply for one of two types of patent applications: (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date but does not begin the examination process.
Newsroom
News about Patent cases in South Carolina and nationwide:
Consolidated Patent Rules Business to be transacted in writing:All business with the Patent and Trademark Office should be transacted in writing. The p... Read more >
Definition:
Sometimes, owners of trademark applications and registrations change their names, even though the actual ownership of the application or registration has not been transferred.
Drawing
Definition:
Patent drawings must show every feature of the invention as specified in the claims. Omission of drawings may cause an application to be considered incomplete.
Supplemental Register
Definition:
Secondary trademark register for the USPTO. It allows for registration of certain marks that are not eligible for registration on the Principal Register, but are capable of distinguishing an applicant’s goods or services.
If you live in the following cities and need an patent attorney you should contact
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Abbeville
Aiken
Anderson
Beaufort
Belton
Bennettsville
Bluffton
Camden
Charleston
Chester
Clemson
Clover
Columbia
Conway
Darlington
Dillon
Easley
Elgin
Florence
Fort Mill
Fountain Inn
Gaffney
Gaston
Georgetown
Goose Creek
Greenville
Greenwood
Greer
Hartsville
Hilton Head Island
Inman
Irmo
Ladson
Lancaster
Laurens
Lexington
Marion
Moncks Corner
Mount Pleasant
Murrells Inlet
Myrtle Beach
Newberry
North Augusta
North Charleston
Orangeburg
Pickens
Piedmont
Rock Hill
Seneca
Simpsonville
Spartanburg
Summerville
Sumter
Taylors
Travelers Rest
Union
Walterboro
West Columbia
York
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