How do I transfer ownership of a patent to a company?

質問

If I have a patent which I want to bring into a newly incorporated startup as a co-founder, what is the best and simplest way to do that?

回答: 5 公開 & 0 非公開

Laf
パテントエージェント

Good news, its just as Steven said, except that the USPTO charge went away at the beginning of the year, so its free!!!

Do note the forms needs to be notarized, and depending on your jurisdiction, this may require a lawyer. In NH the bank has a notary (same charge as the USPTO, $0.00, but my clients in PR need to pay.

Luis

Steven weinrieb
弁理士

You complete and file an assignment with the USPTO - a form is available on the USPTO website - once recorded, the company then owns the rights to the patent. The USPTO recording fee is $40.00.

Adli photo
弁理士

You just need to execute an assignment agreement to transfer the ownership to the company, and preferrably "record" that assignment with the PTO as well (but it's the legal document that really matters, not the recording with the PTO). You should consult a patent/IP attorney to handle this matter.

54ac545a78
弁理士

You can accomplish this by way of an assignment of the patent to the company. it's pretty straightforward. I can assist you with this - contact me at DRouille@smmalaw.com if interested.
Dave Rouille

5c4439116b
弁理士

The previous four responses all correctly point out that the transfer of patent ownership from an inventor to a company is achieved by way of an assignment of all right, title, and interest in that patent, which is recorded with the USPTO. The only thing I'd add is to consider whether you own the patent or whether it is owned by another entity/person. While it is true that ownership of inventions vests with inventors, if those inventions were conceived while you were employed elsewhere (and are related to the work done with that employer), it is likely that ownership transferred according to terms in your employment agreement (e.g., either via an obligation to assign or through an assignment in fact). And, if true that your ownership interest transferred to another company, you would no longer have an ownership interest to assign to your new company. Don't forget, too, that any co-inventors also have an equal stake in patents covering those co-inventions, and can assign/license their ownership interest to a party that is distinct from -- and maybe in competition with -- your new company.

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