Asked in Patents (Intellectual Property) for Florida

Q: Does an individual who gives someone money for a PPA have any right to the patent if they were not on the application?

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2 Lawyer Answers
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: What a mess. Ideally you would have been working with an attorney and things would have been explained and put into writing.

Inventorship and ownership are not the same thing. If you work for IBM and invent something while at work, you are the inventor but IBM is the owner (often after signing a formal assignment document).

I have not idea what was told to the third party that posted the money. Was it a loan that was paid back? Was it an investment in patent?

If the third person was not a co-inventor, then it is good that the third-person is not listed as an inventor. However, that does not sort out what the third person obtained when the third person provided money for the patent work.

You need to gather up all the emails and other documents from that time period and seek advice from a business lawyer.

I hope this helps.

Kevin E Flynn

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: BTW --- Before spending money with an attorney to sort out who owns what, you may want to be sure that the maintenance fees have been paid and that the claims of the patent are still commercially relevant.

Kevin E Flynn

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