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Including A Second Inventor On A Patent

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  • 07-05-2007, 09:41 AM
    elaw-maple
    Re: Patent Ownership
    I have an invention with numerous claims which I would like to file. Currently, I am the sole inventor. I would like to include a second person in the process for a couple of reasons:

    1) To help establish the viability--a sanity check. I have examined the physics carefully, but do not have the required physics background to have 100% certainty. While I believe the idea is sound, the research, design, and construction will be enormously expensive. I can't afford to go through all of the patenting processes and expenses if the idea won't attract investors once the patent is applied for.

    2) To help "round out" the idea -- the person is a good sounding board and has skills that could be useful should I proceed. I'm sure there's room for improvement of the existing claims, and they could undoubtledly be extended with further claims. I'd rather have him lay claim, than someone else.

    Q1) Can I include the second person on the patent, excluding him from the existing claims, but not ones that he might bring to the table? Are there other options to this?

    Q2) Is the "applicant" recognized as the rights-holder? To give him rights to a subset of claims, does he become an co-applicant or an inventor?
  • 07-06-2007, 02:12 PM
    Mr. Knowitall
    Re: Patent Ownership
    It is possible to list inventors without giving the inventors any right to the patent. Major companies such as auto manufacturers do this all the time.

    But drafting a patent is not, in my opinion, a do-it-yourself project. It is a huge area for legal malpractice, as a small error in a patent can result in the loss of protection for the invention. I would suggest having a patent law office draft, or at least review and approve, your application.
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