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How Do Joint Inventors Share Patent Rights?

Each inventor has the full spectrum of patent rights to his/her claimed invention. This means that each inventor can separately assign and license the patent without the other’s permission. However, each inventor must account for and share all the profits he has earned from the license of a patent with the other inventors.

When multiple inventors are members of the same entity (such as a business organization), it is advised that all inventors assign his/her rights to that entity. In this way, there is only one entity that can control the licensing and assignment of the patent. In this way, how that entity decides to control the patent is then a matter of how the entity is structured and what roles the inventors play within that entity.

If you are interested in more detail related to your situation it is best to speak with an attorney.

Yuri Eliezer heads the intellectual property practice group at Founders Legal. As an entrepreneur who saw the importance of early-stage patent protection, Yuri founded SmartUp®. Clients he has served include Microsoft, Cisco, Cox, AT&T, General Electric, the Georgia Institute of Technology, and Coca-Cola.

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