Q: If there are two names on a patent do both names need to be involved with the actions of the patent?
One of the people on the patent seems to be doing negotiatining with the said invention with out conferring the other name on the patent.
A:
If by "names on the patent", you mean that there are two inventors -- then no.
The patent rights belong to the inventors unless the inventors assign their rights to someone else. Most patents have inventors that are employees that assign their rights to their employers. But there are many other times where all the inventors assign their rights over to some company. Sometimes one inventor assigns that inventors rights over to the other inventor.
If there has not been any assignments and the rights are still with the two inventors. Then you have a mess. In that situation, either inventor can license another party or transfer rights to that party to allow that party to use the invention. If inventor A licenses company AAA, then AAA pays money to inventor A but inventor A does not need to share with inventor B. On the other hand, inventor B can assign rights over to company BBB and then BBB can use the invention without seeking a license from inventor A.
Neither inventor A or inventor B can grant exclusive rights to use the patent without getting the signature of the other inventor.
It is sloppy to have a situation where the rights are still with the individual inventors but it happens.
I hope that this helps.
Kevin E Flynn
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (408) 348-1495
- View Profile
- Answered
A:
Expanding on Kevin's answer a bit.
Look up the patent status at the USPTO. One way is to use public PAIR. This is at: https://portal.uspto.gov/pair/PublicPair . Here you can enter the patent number and then look at the various records associated with the patent. These should show if the patents are still jointly owned by the two inventors (default situation with no assignments), or not.
Both inventors may have assigned their rights to a corporation. Alternatively, one inventor may have given their rights to another inventor. Alternatively, they may be a partnership, or one inventor may be a minor or a spouse of the other, and so on.
I'm based in Silicon Valley, and I see many situations where two or more inventors have an idea, decide to file for the invention first, and then wait to see if the design can get funding before starting a company.
Depending on the patent assignment status and other agreements between the inventors, almost anything is possible.
Steve Zweig
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.
