While you are not required to obtain a patent for your invention in order to sell it, it can protect it from being replicated or sold by another party. Of course, many companies learn of products that become in demand for consumers and attempt to sell a product that is nearly the same thing as it, but a patent is a legal form of protection that gives you the right to sue when this occurs. Something else to keep in mind is that just because you apply for a patent doesn’t exactly mean one is going to be provided to you. There is a lot that goes into the application process and it is ultimately left up to the United States Patent and Trademark Office (USPTO) to make the decision.
Did you recently design a product and are looking to get it patented? Perhaps you want to trademark a slogan or phrase and want to ensure you follow all the right steps? Were you aware that Oregon patent and trademark attorneys can help with this? In fact, they can be rather useful as they serve as a source of information and can answer any pressing or arising questions you might have.
What Rights Does a Joint Patent Owner Have?
When selecting which patent you want to apply for, you need all the pertinent details ahead of time so you can make the right decision and avoid having your application denied for mistakes. While many inventors come up with their inventions and ideas on their own, some inventors work with other individuals which makes each both legally able to be issued a patent, but jointly. If you are a joint owner of a product or invention, there are some things you want to be aware of that are not only important, but can assure you don’t lose the rights you hold to your invention.
Joint patent owners can:
- Use, make, offer for sale, or sell and import the invention for his or her own profitable advantage.
- The portion of ownership plays no role in whether the patent can be sold, unless an agreement has already been written up.
- A patent can be offered for sale or sold without regard to the other joint owner.
- Grant licenses to others.
USPTO advises that it is “dangerous to assign a part interest without a definite agreement between the parties as to the extent of their respective rights and their obligations to each other if the above result is to be avoided.”
- You need assistance with creating a licensing agreement.
- You want to ensure your rights are protected if you are a joint owner.
- You wish to learn about all the risks you could potentially encounter even with a patent in place.
- You and/or the joint owners of a product, idea, or design wish to file the necessary paperwork to begin the patent process.
If you feel that you might require legal advice or guidance with a matter concerning a patent, trademark, or copyright, USAttorneys.com wants to assist you in finding the best patent and trademark lawyers available in the state of Oregon. We will provide you with the help you need free of charge so we encourage you to give us a call today.