How does joint ownership work for patents and patent applications?

Joint ownership in patents and patent applications occurs when two or more parties share ownership rights. According to MPEP 301:

“Joint inventors are treated as joint owners of the invention unless there is an assignment.”

Key aspects of joint ownership include:

  • Each joint owner has the right to make, use, sell, and license the invention without consent from other owners.
  • Profits do not need to be shared unless there’s a specific agreement.
  • All joint owners must agree to sell or assign the entire patent to a third party.
  • In infringement suits, all joint owners must be joined as plaintiffs.

It’s important for joint owners to have clear agreements in place to avoid potential conflicts and ensure proper management of the patent rights.

For more information on joint inventors, visit: joint inventors.

For more information on joint ownership, visit: joint ownership.

For more information on patent rights, visit: patent rights.

For more information on USPTO, visit: USPTO.

Topics: MPEP 300 - Ownership and Assignment, MPEP 301-Ownership/Assignability of Patents and Applications, Patent Law, Patent Procedure
Tags: joint inventors, joint ownership, patent rights, USPTO