Who owns a patent application

Often times, employees will leave a company before having the assignment rights making it very difficult getting them. Who Can Sell and License the patent or bring a patent infringement claim? If more than one person or entity owns a patent, all the joint owners must work together to sell, license or bring a patent infringement claim. Photo by Amy Hirschi on Unsplash.

Schedule A Consultation. Who Owns a Patent? This information may include bibliographic data about the inventor and patent applicant or patent holder, a description of the claimed invention and related developments in the field of technology, and a list of claims indicating the scope of patent protection sought by the applicant.

But why would patent applicants disclose such extensive information about their inventions? The reason is that the patent system balances the exclusive rights granted to a patent holder over an invention with the obligation to publicly disclose information about the newly developed technology. The requirement that a patent applicant disclose information about their invention s is very important for the continuous development of the technology.

This information provides a basis on which new technical solutions can be developed by other inventors. Without publication there would be no way for the public to get information about new technical developments.

It is therefore not surprising that providing information for the public is a key task of industrial property offices. Patent documents contain technological information that is often not divulged in any other form of publication, covering practically every field of technology. All in all, they are a vast store of easily accessible human knowledge. The information contained in patent documents can be very useful to researchers, entrepreneurs, and many others, helping them:. Patent documents are published by national and regional patent offices, usually 18 months after the date on which a patent application was first filed or once a patent has been granted for the invention claimed by the patent applicant.

Some patent offices publish patent documents through free-of-charge online databases, making it easier than ever to access patent information. Though accessibility of patent information has grown as more and more patent offices make their patent documents available through online databases, certain skills are still required in order to make effective use of this information, including carrying out targeted patent searches and providing meaningful analysis of patent search results.

As a result, it may be advisable to contact a patent information professional for assistance where business-critical decisions are at stake. WIPO works to develop a balanced and effective international intellectual property IP system, a key part of which is dedicated to patents. If you couldn't find an answer to your question on this page or through the Patents homepage , then feel free to contact us.

Disclaimer : The questions and answers provided on this page serve a purely informative purpose and are not a legal point of reference. They do not necessarily represent the official position of WIPO or its member states.

IP and Business Universities Judiciaries. Related links. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent.

Once a patent expires, the protection ends, and an invention enters the public domain; that is, anyone can commercially exploit the invention without infringing the patent. What rights does a patent provide? What kinds of inventions can be protected? How long does patent protection last? Is a patent valid in every country?

How are patent rights enforced? Why are patents useful to society, business, individuals etc. What conditions must be met to obtain patent protection? However, some of the key conditions include the following: The invention must show an element of novelty; that is, some new characteristic which is not known in the body of existing knowledge in its technical field. The invention must be capable of industrial application, meaning that it must be capable of being used for an industrial or business purpose beyond a mere theoretical phenomenon, or be useful.

In many countries, scientific theories, aesthetic creations, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, methods for medical treatment as opposed to medical products or computer programs are generally not patentable.

The invention must be disclosed in an application in a manner sufficiently clear and complete to enable it to be replicated by a person with an ordinary level of skill in the relevant technical field. Who grants patents? There is currently, no universal, international system for the grant of patents. How much does it cost to patent an invention? How can patents be obtained worldwide? What practical steps do I have to take to obtain patent protection? Can the decision to grant a patent be challenged?

Is it possible to extend the term of patent protection? Can I obtain a patent for a software-related invention? Can I patent my app? Find more about the various types of intellectual property rights. How can I search for inventions that have already been patented? How can I find the patent laws of various countries? Can I obtain a patent and keep my invention secret?

Can I discuss details of my invention with a potential investor before filing a patent application? How are patents relevant to my business? Why should I consider patenting my inventions? Exclusive rights : Patents provide you with an exclusive right to prevent or stop others from commercially exploiting an invention for twenty years from the date of filing of the patent application.

Return on investments : Having invested a considerable amount of money and time in developing innovative products, through exclusive patent rights, you may be able to establish yourself in the market as the pre-eminent player and to obtain higher returns on investments. Opportunity to license or sell the invention : If you choose not to exploit the patent yourself, you may sell it or license the commercialization of the patented invention to another enterprise, which could then be a source of income for your company.

Increase in negotiating power : If your company is in the process of acquiring the rights to use the patents of another enterprise through a licensing contract, your patent portfolio will enhance your bargaining power.

That is to say, your patents may prove to be of considerable interest to the enterprise with which you are negotiating, and you could enter into a cross-licensing arrangement where, simply put, your enterprise and the other agree to license respective patents to each other. Positive image for your enterprise : Business partners, investors and shareholders may perceive patent portfolios as a demonstration of the high level of expertise, specialization, and technological capacity within your company.

How do I go about licensing my patent to a 3rd party? Are utility models and trade secrets alternatives to patent protection? My employee has invented a new product or process: Who will own the rights to the patent? What is patent information? Why should I care about patent information? The information contained in patent documents can be very useful to researchers, entrepreneurs, and many others, helping them: avoid duplication of research and development work; build on and improve existing products or processes; assess the state-of-the-art in a specific technological field, e.

Where can I find patent information? Where can I find out more about patent information? What role does WIPO play with regards to patents? More questions? By default, the USPTO presumes the original applicant is the owner of an application and any resulting patent — but the original applicant may transfer ownership of the patent to a different entity.

Your business can claim ownership of an invention only if your employee has assigned ownership to the business. For this reason, if your employees are creating valuable IP for your business, you should have them sign employment agreements that will assign ownership of the IP to your business. Want to know more about how to assign ownership? Tracking the intellectual property that your employees create is not only a good business practice — it also helps to streamline the patent process itself.

Michael K. He specializes in creating comprehensive, growth-oriented IP strategies for early-stage tech companies. Don't miss a new article. Subscribe to receive email updates every time we publish a new article — don't miss out on key tips to help your business be more successful. Terms of Use Privacy Policy. Our FREE invention disclosure template is a simple document that helps you: Record essential details about your invention Provide evidence of important dates Speed up the process of conceiving an invention and filing a patent application Craft stronger patent claims Fill out the short form on this page to get the template now.