Q: If a friend and I work together to make an invention, to whom will the patent be granted?
A:
If both you and your friend had a share in the ideas forming the invention as defined in the claims – even if only as to one claim, you are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. If, on the other hand, one of these persons has provided all of the ideas of the invention, and the other has only followed instructions in making it, the person who contributed the ideas is the sole inventor and the patent application and patent shall be in his/her name alone.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
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