Is it possible to apply for a patent without the consent of co-inventors?

質問

In a case where, say, three individuals invent something and two do not want to apply for a patent, can the third person legally apply for a patent? All inventors would be mentioned in the application.

回答: 2 公開 & 0 非公開

6bf20cd266
弁護士

Yes, it is possible. Check out MPEP 1.45:
http://mpep.uspto.gov/RDMS/detail/manual/MPEP/current/d0e18.xml#/manual/MPEP/current/aia_d0e317823.xml
1.45 Application for patent by joint inventors.
[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012*]
(a) Joint inventors must apply for a patent jointly, and each must make an inventor's oath or declaration as required by § 1.63, except as provided for in § 1.64. If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the other joint inventor or inventors may make the application for patent on behalf of themselves and the omitted inventor. See § 1.64 concerning the execution of a substitute statement by the other joint inventor or inventors in lieu of an oath or declaration.
(b) Inventors may apply for a patent jointly even though:
(1) They did not physically work together or at the same time;
(2) Each inventor did not make the same type or amount of contribution; or
(3) Each inventor did not make a contribution to the subject matter of every claim of the application.
(c) If multiple inventors are named in a nonprovisional application, each named inventor must have made a contribution, individually or jointly, to the subject matter of at least one claim of the application and the application will be considered to be a joint application under 35 U.S.C. 116. If multiple inventors are named in a provisional application, each named inventor must have made a contribution, individually or jointly, to the subject matter disclosed in the provisional application and the provisional application will be considered to be a joint application under 35 U.S.C. 116.

          2014 08 05 16.37.15
弁護士

It is not obligatory to have the authorization of all the inventors or CO-owners of the patent, but you should have an authorization of rights for licensing or other applications, if you do not have this document the official patent office will not accept the application. Therefor it is recommendable to have everything clear and if you are going to proceed on a patent with more than one inventor or CO-owner to have them know what procedures you are planning to do. If you have more question or thoughts or if you want to proceed any application related to patent and trademarks, contact me at: info@brlatina.com

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