The Perils of Joint Inventors Without An Ownership Agreement
While a seemingly insignificant gesture, such an action could have grave consequences.
Not only can improper inventorship lead to your patent being invalidated, but in the absence of any ownership agreement, your friend/colleague/investor will have the ability to exploit the invention without consent and without having to account to you or any other co-owners. See 35 U.S.C. Section 262, below.
35 U.S.C. Section 262 – Joint owners
In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or import the patented invention into the United States, without the consent of and without accounting to the other owners.
Contact one of our attorneys to ensure that any necessary assignments of rights are in place or ownership agreements represent the intent of all parties, without fear of unintended consequences.
