Small Business Patent Question

[spuckett69]

What is the name of your state? MD

I work for a small business and we are interested in patenting a couple of products that we have developed. The products were conceptualized by the president of the company and refined by the employees -- some of the employee ideas will be covered in the claims. Everything I have read states that the patent must be applied for by the "inventor" and assigned to the company. How would a small business patent the invention? Do the employees have to sign the application? (The employees have signed an employment agreement which covers development for the company.)

Thanks!

 

[divgradcurl]

What is the name of your state? MD

I work for a small business and we are interested in patenting a couple of products that we have developed. The products were conceptualized by the president of the company and refined by the employees -- some of the employee ideas will be covered in the claims. Everything I have read states that the patent must be applied for by the "inventor" and assigned to the company. How would a small business patent the invention? Do the employees have to sign the application? (The employees have signed an employment agreement which covers development for the company.)

Thanks!

The "inventor" on an invention is one who is responsible for the concept of the invention. Mere "reduction to practice" or refining is typically NOT sufficient to be considered an "inventive step" and therefore make said person a co-inventor. If the employees added something "new" to the invention, something "inventive," then they should be listed as co-inventors. Only inventors need to sign off on a patent application. If the president is the sole inventor, he should sign the applications, and probably list the company as the assignee.

Inventorship is important. You should not "reward" people for their work by making them co-inventors unless they really ARE co-inventors, because incorrect inventorship is a grounds for finding a patent invalid later on down the line if it ever gets litigated. I assume you will be working with a patent attorney or agent -- they will help you determine the correct inventorship for the patent.

As far as who owns the patent, usually the patent is assigned to the company, but you'll need to figure out what agreements different people have with each other.