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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.
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.
Newsroom
News about Patent cases in Pennsylvania and nationwide:
Definition:
Property or other legal rights that do not absolutely require formal registration in order to enforce them. Proving such rights for a trademark in court can be very difficult.
Substantive Reasons For Refusal
Definition:
There are several substantive reasons for refusing registration of a mark. These include: likelihood of confusion; primarily merely descriptive or deceptively misdescriptive of the goods/services.
First to file
Definition:
The applicant who is the first to file an application for an invention will be awarded the patent over all others.
If you live in the following cities and need an patent attorney you should contact
our Patent Attorney as soon as possible:
Aliquippa
Allentown
Bensalem
Bethlehem
Butler
Carlisle
Chambersburg
Chester
Coatesville
Coraopolis
Downingtown
Doylestown
East Stroudsburg
Easton
Greensburg
Hanover
Havertown
Hazleton
Irwin
Lancaster
Lansdale
Lebanon
Lititz
Media
Morrisville
New Castle
New Kensington
Norristown
Philadelphia
Pittsburgh
Pottstown
Southampton
State College
Uniontown
Upper Darby
Warminster
Washington
West Chester
Wilkes Barre
Williamsport
York
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