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August 24, 2010
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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.


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Did You Know?    
 
 
You need a patent attorney or agent to file your patent application.
The U.S. Patent and Trademark Office (USPTO) strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.

 


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News about Patent cases in Vermont and nationwide:

Joint Ownership Agreement Patents
Joint OwnershipPatents may be owned jointly by two or more persons as in the case of a patent granted to joint inventors...
Read more >


Documents and Teaching Activities Related to Glidden's Patent for Barbed Wire Now Available Online from the National Archives

Life in the American West was reshaped by a series of patents for a simple tool that helped ranchers tame the land: barbed wire. Nine pate...

Read more >


USPTO Releases Annual List Of Top 10 Organizations Receiving Most U.S. Patents

In 2003, the U.S. companies included on the list of top 10 patenting organizations are International Business Machines Corporation, Hewlet...

Read more >


More Patent News >

 
 

Patent Law Terms

 


Tuesday's Term

OG - Patents

Definition:
Official Gazette eOG:P - weekly publication of the USPTO that permits you to browse issued patents and view important notices.

Workflow Incoming Amendment IFW

Definition:
From Public PAIR/IFW - designates the point in time when an amendment is received in the Office and the paper scanning process may be started at the USPTO; does not indicate whether scanning has actually started.

Patent

Definition:
A patent is a document that defines the right by law for inventors and assignees to make use of and exploit their inventions for a limited period of time.

More Patent Terms >

 

Patent Law Resources

 


Search Patent resources in our resource center:

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Patent Lawyer Hot Topics

 
Topics Related to Patents Law:

  • Trademarks & Patents
  • Patent Pending
  • Patent Regulations
  • Invention Patent
  • Patent Infringement Law

More Patent Topics >

Vermont Patent Attorney

 
If you live in the following cities and need an patent attorney you should contact our Patent Attorney as soon as possible:

  • Barre
  • Bennington
  • Brattleboro
  • Burlington
  • Colchester
  • Essex Junction
  • Milton
  • Montpelier
  • Rutland
  • Saint Albans
  • South Burlington
 


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