How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legalinfomd Your Own Question
Legalinfomd, Attorney
Category: Business Law
Satisfied Customers: 160
Experience:  Attorney with 24 years of experience in business law.
Type Your Business Law Question Here...
Legalinfomd is online now
A new question is answered every 9 seconds

Dear Lawyer, I have a question about intellectual property

This answer was rated:

Dear Lawyer,
I have a question about intellectual property law. My business partner and I have formed a technology-based company recently. I had ideas of the technology to be developed before forming the company and had written down the ideas on paper. After forming the company with my business partner, my business partner and I work together to test my idea and we got the results I expected. Now I want to file a patent of the technology, should I include my business partner as a co-author of the patent application?
I very much appreciate your help.
Greg Shen

Legalinfomd : Hello. I will respond to your question.

So, what is your answer to my question?

Legalinfomd : The initial concept is an intellectual property right that was yours and therefore belonged to you. The question is one of intent. If you intended to contribute your IP to the company for the mutual benefit of you and your partner, then the IP right would now be owned by the company. If instead you intended to retain ownership of the technology and merely allow the company to use (or license it) for purposes of developing it further and using it for profit, then you would retain ownership of the IP and the company would receive the benefit in terms of revenue to be shared with your partner.
Legalinfomd : So if your intent was to transfer ownership to the company, you would file the patent in the company name with the company as the owner. If your intent was to license it to the company, you would register the patent in your individual name.
Legalinfomd : I hope that this information is useful. Please be sure to leave a positive rating for my response so that I will be compensated for my time. Thank you and good luck with your business.

The IP will belong to the company. My question is when I write the patent application, should I include my partner's name in the patent appliction?

Legalinfomd :

Yes, since you intended that the IP be owned by you and your partner you may register the patent in both names.


What I mean is the authorship of the patent application. Sould it be the company name only or my name only or my name plus my partner's name?

Legalinfomd :

Ideally, it would be in your name only, and you would hold title for the benefit of the company (which is comprised of you and your partner).

Legalinfomd :

Thank you again. and good luck with your venture.

Legalinfomd :

Please do not forget to click on a positive rating and accept my answer so that I will receive credit for my time. Thank you.



Legalinfomd and 4 other Business Law Specialists are ready to help you