Louisiana Assignment - Joint Inventors
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How to fill out Assignment - Joint Inventors?
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FAQ
Who is the patent applicant? As far as patent applications are concerned, ?applicant? basically means the owner. A patent applicant specifically refers to a person (which may also be a company ? aka ?juristic person?) who has the right to apply for the patent ? in other words, the patent owner.
The general rule is that you own the patent rights to an invention you create during the course of your employment unless you either: signed an employment agreement assigning invention rights, or. were specifically hired (even without a written agreement) for your inventing skills or to create the invention.
Normally patent rights are held by the inventors until those rights are assigned in a written Patent Assignment agreement, even if the employee created the invention within the scope of employment (with a few exceptions such as the ?hired-to-invent doctrine?).
In the US, the inventor is presumed to be the initial owner of a patent or patent application. If there is more than one inventor, there may be more than one owner. Ownership can be transferred or reassigned.
Yes, a patent can have one or multiple inventors. However, the number of inventors is dependent on those that invented the claimed invention.
The inventor, or inventors, for a patent application should be the person, or people, who devised, whether on their own or jointly, the invention set out in the patent application. It is therefore necessary to assess who actually devised the invention set out in the patent application.
Generally, in an employment agreement, the employee assigns all patent rights from their work to the organization. So the organization can file a patent as an applicant. Therefore, an inventor has to be an individual, but the Assignee can be an individual or a company.
Every patent application must identify at least one inventor, and ownership presumptively starts with that person. To transfer patent ownership to a company or another entity, each inventor must sign a document called a patent assignment which should then be recorded with the USPTO.