Q: If a patent is assigned to a company, would the inventor get royalties or just the company?

My father was involved in patents and was not sure if the family is entitled to anything from them.

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

A: If your father was employed by a company and made inventions as part of his normal job duites, then the employer might consider your father fully paid in that he received his paycheck. As a paid to invent employee, the money paid by the company to your father would serve as consideration for the assignment to move your father's rights over to the company and they would not need to offer any other payment or royalty. In that case, there would not be any additional payments to your father for the invention.

Some companies have patent programs where they give a small award to each inventor for each patent that is issued. Universities often have programs to encourage professors to file patent application in that they do share some of the license fees that come to the university with the inventors. But this is the exception rather than the rule.

If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338

Kevin E Flynn

Robert P. Cogan
PREMIUM
Robert P. Cogan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Patents Lawyer
  • San Diego, CA
  • Licensed in California

A: As your question indicates, the company had full ownership. Therefore, the inventor normally does not get any compensation based on royalties. Many universities have royalty sharing agreements with research and engineering staff. The vast majority of US companies do not.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.