Patents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time. In order to be patented an invention must be novel, useful, and not of an obvious nature. There are three types of patents: A. utility patent which includes a process, a machine (mechanism with moving parts), manufactured products, and compounds or mixtures (such as chemical formulas);B. A design patent which is a new, original and ornamental design for a manufactured article; and C. A plant patent which is a new variety of a cultivated asexually reproduced plant.
The Federal agency charged with administering patent laws is the Patent and Trademark Office.
San Diego California Agreement between Joint Patent Holders with Title of one Holder Assigned
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Multi-State
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San Diego
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US-02424BG
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How to fill out Agreement Between Joint Patent Holders With Title Of One Holder Assigned?
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Patent law gives co-owners of a patent the right to make, use, license, sell and import the patented invention within the United States in whatever way they please, without the consent of the other co-owners. Joint ownership of a patent occurs simply by applying for a patent with other people.
Generally the person who completes the patent application is the owner of the patent and granted the rights it secures. However, in the case of an inventor who creates a process or item while employed by a company, there may be some discrepancy in who owns the patent rights.
Trade Secrets Can Be Non-exclusive Many different owners can use the same trade secret so long as each one arrives at the secret through legitimate means, such as independent development. In contrast, the holder of a patent has the exclusive right to practice the patented invention.
It is possible for two parties to be joint owners of a trade secret, but it is rare. Joint ownership typically occurs when two parties work together to develop trade secret information. It is also possible for two or more parties to develop the same trade secret information separately.
A patent application and any resulting patent is owned by the inventor(s) of the claimed invention, unless a written assignment is made or the inventors are under an obligation to assign the invention, such as an employment contract.
Even though a United States patent is a federal legal right, ownership of the patent is determined under the relevant state law. However, changes in patent ownership are recorded with the U.S. Patent & Trademark Office to place the public on notice of ownership interests in the patent.
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.
A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
It is possible that more than one person or entities can claim rights to the same trade secret on the same technology or commercial information if both independently developed that technology and both take reasonable steps to keep it a secret, as long as the technology is not generally known.
A named patent applicant is the legal owner of a patent application or granted patent. This may be an individual or, more commonly, a company, university or other legal entity. An applicant is named as part of the patent application process and is the legal holder of the rights to any resulting granted patent.