Does a patent revert to the inventor originally names on the patent if the LLC dissolves? 2 Answers as of April 04, 2011

If the LLC, to which a patent has been assigned, is dissolved, and the LLC has no liabilities and no assets other than the patent itself, does the patent revert to the inventor(s) originally named on the patent before it was assigned to the LLC (which included non-inventors)?

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Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
No it does not. The patent, if rightfully assigned to the LLC, remains the LLC's assets and must be distributed just like any other type of company assets.
Answer Applies to: California
Replied: 4/4/2011
Handal & Morofsky LLC
Handal & Morofsky LLC | Anthony H. Handal
The answer to this question depends upon the agreement between the stockholders. However, if the patent has incorrect inventors named, things need to be done promptly to correct the situation, or the patent may be held invalid!
Answer Applies to: New York
Replied: 4/4/2011
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