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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 Montana and nationwide:
Consolidated Patent Rules Business to be transacted in writing:All business with the Patent and Trademark Office should be transacted in writing. The p... Read more >
Definition:
An account that is established in the U.S. Patent and Trademark Office (USPTO), upon payment of a fee for establishing such an account, for the convenience in paying any fees due.
Joint Application
Definition:
An application in which the invention is presented as that of two or more persons.
Enforceability of Patent
Definition:
The right of the patent owner to bring an infringement suit against a party who, without permission, makes, uses or sells the claimed invention.
If you live in the following cities and need an patent attorney you should contact
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Belgrade
Billings
Bozeman
Butte
Columbia Falls
Great Falls
Hamilton
Havre
Helena
Kalispell
Laurel
Libby
Livingston
Miles City
Missoula
Polson
Whitefish
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