This is an excellent question. Inventorship is a pitfall of Patent Law. Anyone who contributes to the inventive concept must be listed as a co-inventor. However, a friend, department head, significant other, or investor must not be listed as a co-inventor if he/she, in fact, did not contribute to the inventive concept. However, if a group of friends want to launch a project, what they must do is first protect the technology by filing a Patent Application and naming the true inventor or inventors. The true inventor or inventors can assign the Patent Application to the enterprise, and the friends should have a side agreement dividing up equity interest in the enterprise. The true inventor or inventors must be named in the Patent Application, regardless of who owns the rights to the Patent Application. A Patent Application requires that the applicant sign a statement that he believes that he/she is "the first and true inventor." If the statement is signed and submitted and the individual knows that the statement is false: a fraud has been committed; no rights have been conferred; and any subsequent Patent is unenforceable and invalid. You will be well advised to seek the assistance of counsel - and good luck!
Answered on Sep 19th, 2013 at 4:08 AM