Joint patent 2025

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Joint ownership - Multiple parties may together own the entire right, title and interest of the patent property.
Inventors may apply for a patent jointly even though (1) they did not physically work together or at the same time, (2) each did not make the same type or amount of contribution, or (3) each did not make a contribution to the subject matter of every claim of the patent. 35 U.S.C. 116.
While it is legal for IP to be jointly owned by more than one entity, and this sometimes seems to be an easy and inexpensive solution to a collaboration, joint ownership of IP can create significant problems and should be avoided whenever possible.
An applicant is named as part of the patent application process and is the legal holder of the rights to any resulting granted patent. There may be more than one applicant named on a patent. These are typically referred to as co-applicants (if the application is still pending) or co-owners (if a patent is granted).
Joint ownership of a patent occurs when multiple parties together own the entire right, title, and interest of the patent property. This can happen in several scenarios: Multiple partial assignees of the patent property. Multiple inventors who have not assigned their rights.
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While joint patent owners can each individually make, use, sell and license the patented invention without having to account to the other joint owners, in the case of copyright, joint owners can fully exploit the copyrighted works, but they do have to account to the other joint owners for the profits from such
Double patenting applies even if the inventor or inventors named in each patent or application are not identical, so long as there is common ownership. If, however, two patent applications owned by different parties claimed the identical invention, the applications might become involved in an interference proceeding.
Because of the existence of such prior art, later filed patent applications containing the same or similar invention will be refused by a patent office on the grounds of the lack of novelty or inventive step.

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