Question from Jim Bozin:
Gianna said the coinventors have 100% right to the invention, but my understanding is the assignee controls the rights. Can someone confirm who the correct right holder is?
(A) Multiple partial assignees of the patent property;
(B) Multiple inventors who have not assigned their right, title and interest; or
(C) A combination of partial assignee(s), and inventor(s) who have not assigned their right, title and interest.
All my best
If there is an assignment filed with the patent application, then the Assignee controls and owns the rights. If there is no assignment filed with the patent application, then the Inventors can control the application until an assignment is filed. Inventors control the patent application until or unless they sign a written agreement to assign their inventions to another. In the case of an assignment, title goes to the Assignee. In the case of a power of attorney it just affects who controls prosecution before the United States Patent Office and not who owns the resulting patent or patent application.
Bruce M. Winchell, J.D.
Licensed to practice law in Ohio & Tennessee
Rgistered Patent Attorney in the United States
Registered Patent Agent in Canada
Certified Licensing Professional in US/Canada
Technology Ventures Corporation, a 501(c)(3) tax exempt corporation
founded by Lockheed Martin and funded by Lockheed Martin and U.S. Department of Energy
Albuquerque, New Mexico
Web Site http://www.TechVentures.org
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