Question
of Ownership
When submitting a Record of Invention
(ROI) to The Inventors Network, Inc., it is important
to understand the title of inventor. Only individuals
falling under the title of "true" inventor
should be listed on the ROI form.
The U.S. Patent & Trademark Office (PTO) recognizes
an inventor on a patent application as an individual
that contributed his or her ideas to the invention.
The application, as well as several other documents,
must be signed by the true inventor(s) and filed in
the Patent & Trademark Office under the true inventor's/inventors'
name(s). Therefore, only the person(s) conceiving and
furnishing the ideas may be listed on the patent application.
Listing Individuals on the Patent Application
If two or more persons each had a share in the ideas
forming an invention, they are listed as joint inventors
(or co-inventors) and will have a patent issued to them
jointly on the basis of a proper patent application.
At no time should an inventor list a child, spouse,
family member, financier or boss as an inventor on the
application unless, as stated above, they fall under
the title of "true" inventor.
All the persons listed on the patent application are
considered equal inventors, regardless of the order
their names appear on the application. The PTO does
not recognize one inventor as having more importance,
or contributing more, than another.
Who Should Be Listed On the Patent Application?
Individuals that supply the capital for building and
testing the invention should not be listed as inventors
on the patent application. Likewise, if an inventor
requests the services of another individual to follow
instructions and make his or her invention, this individual
is also not considered, and therefore should not be
listed as, an inventor.
On the other hand, if one person conceived the idea
for the invention, and another, while building or testing
the invention made suggestions or contribution that
made the invention work substantially better, then he
or she should be listed as a joint inventor.
Who has rights to my invention?
Although this is a complex subject that may differ
from one case to the next, the general rule is that
if an inventor signs an employment agreement with their
employer, the employee must legally transfer to the
employer all inventions that were made using company
time, materials and facilities, made during the inventor's/inventors'
employment (either on the job or on their own time),
relating to the employer's business, or made as a result
of the employee's/employees' duties.
If an employee agreement was not signed, ownership
will most likely remain with the inventor, but will
have to grant the employer the right to use the invention
for business purposes only, without charge.
The Inventors Network, Inc. , is Here to Assist
You
The Invention Network, Inc., is here to assist and
guide individuals when dealing with patenting questions,
such as ownership.
The first step is to complete the Official
Record of Invention form and
return to us via mail or fax. A basic drawing, highlighting
the major components of your product or idea, and brief
answers to the questions on the form is all that is
needed to get the process started. Return the form and
one of our assistants will be back in touch with you
within 10 days.
Source: Patent It
Yourself, Nolo Press, 5th Edition, August 1996.
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