Inventors, Joint-Inventors, and Patent Ownership

Inventors are integral to the patent process in every country. Inventors are the creators of new products, methods, processes and improvements to existing technologies which may be protectable with patents. Every invention will have at least one inventor and can have several joint inventors. This means that an invention can be the work of two or more joint inventors, sometimes referred to as co-inventors, which also generally makes them co-owners of a patent that is derived out of that particular invention. In this post, we intend to help you understand the key difference between the specifics of co-ownership and individual ownership.

The Compromised Rights of Joint Patent Owners

When you are the singular owner of a given patent, you can readily assume that you have total autonomy over how you intend to exercise your rights over the patent. Canada’s patent law allows you to freely sell the patent, use it for your own venture, or license it to another party at your own sole discretion. Things aren’t as simple when you are a co-owner of a patent. Agreements regarding ownership rights and limitations may be created, however generally, each owner has the right to use the patented subject matter as they see fit as long as they do not dilute the rights of other owners. If you believe the co-owners of your patent do not merit equal rights and you intend to alter the rights, you may choose to contact a patent lawyers for assistance in creating an appropriate agreement.

The Default Rights and Limitations that Apply

Before creating an agreement, ownership rights should be understood:

• If you are the sole owner of an invention, you can freely withdraw the patent application. But, a co-owner needs the approval of all other co-owners to withdraw the patent application.
• If you are the sole owner of an invention, you can freely license your own patent to an external entity. On the other hand, if you are a co-owner of a patent, you generally require the approval of all other members to successfully license your patent to an external entity.
• If you are a sole owner of a patent, you generally do not have to worry about diluting your own interests. It is, however, possible to dilute the interests of other co-owners of a patent. For example, if a co-owner of a patent decides to forego their own ownership rights and sells it to multiple individuals, it is technically a dilution of other co-owners’ interests as more individuals assume the ownership of the patent. Approach a patent lawyer to learn more about how that works against your interests.

The concept of ownership in the field of patent law can be complex. Discussions with patent lawyers and agents can help you to understand how co-ownership can affect your patent rights before you file for a patent.