QUESTION

How many people can be named on a patent?

Asked on Sep 18th, 2013 on Patents - Oklahoma
More details to this question:
We're not a company, but a group of friends working on a new product together.
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9 ANSWERS

Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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I do not believe there is a limit. The patent in your case will show as the inventors Joe Blow et al.
Answered on Sep 19th, 2013 at 12:27 PM

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Master Lawyers, Intellectual Property Law Attorney serving Novi, MI at Carrier, Blackman & Associates, P.C.
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Intellectual property law offices? Carrier, Black man & Associates, P.C.
Answered on Sep 19th, 2013 at 9:43 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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I don't believe there is a limit on the number of names on a patent. However, before you proceed any further with your project, you all need to sit down and create a document that indicates whether each of you owns an equal share of the project or whether certain persons deserve greater credit and financial recompense for their work, should this project be successful. Each person needs to sign this and understand that he/she will be bound by it. Way too many projects fall apart after the product is created because the inventors/creators can't agree on how the product will be marketed and who is entitled to the profits.
Answered on Sep 19th, 2013 at 8:05 AM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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As many names as there are inventors - as each inventor must be named. I handled a patent once with eight inventors! Who is an inventor? Someone who contributes to the "conception" of the invention - the "working idea" of the invention. This can be a "group" effort. Also, someone who contributes something "more than routine skill" to the "reduction to practice" of the invention can be an inventor. For example - during the RTP or "building of the invention" - a problem is discovered and a "unique solution" is found by one, two, etc. people - they can also be inventors even if they did not participate in the original "conception" of the invention. Patents have "claims" that define the invention - and the claims dictate who must be named as an inventor. Talk to a patent attorney - tell him/her who did what - and then both the invention and the inventors will be determined.
Answered on Sep 19th, 2013 at 7:24 AM

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Intellectual Property Attorney serving Southfield, MI at Gerald R. Black
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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

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No limit provided you are all inventors. However, including a party who is not an inventor may render a patent invalid (although it is a correctable error).
Answered on Sep 19th, 2013 at 4:05 AM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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As many as their are inventors, no more, no less.
Answered on Sep 19th, 2013 at 4:03 AM

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There is no limit in the number of co-inventors on a patent application. However, it is important that each inventor have made some contribution to the concept of the invention as described in the claims of the patent application, otherwise they are not inventors.
Answered on Sep 19th, 2013 at 3:54 AM

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Jason David Smith
You must list all inventors.
Answered on Sep 19th, 2013 at 3:50 AM

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