Is there a way to buy a patent? How? 8 Answers as of May 06, 2015

I developed a patent idea with my partner who was the one who actually filed the patent. We had a falling out and no longer want to work together on the patent. Can I buy the patent from him? He is saying that this would be ok to do. Do we have to go through a patent lawyer?

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Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Yes but this must be handled by legal counsel.
Answer Applies to: New York
Replied: 5/6/2015
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
A patent lawyer is recommended but not necessary. An assignment instrument has to be prepared, signed, notarized and recorded with the USPTO.
Answer Applies to: California
Replied: 5/5/2015
Eminent IP, P.C.
Eminent IP, P.C. | Paul C. Oestreich
Yes, you simply agree to a price and consummate the transaction with an assignment document. It is also preferable if that assignment is recorded in the United States Patent and Trademark Office. Because the wording of the assignment is important to secure your exclusive patent rights, I would recommend you use a patent attorney to properly orchestrate the transaction. Most patent law firms charge a flat rate to prepare and file a patent assignment. At my firm the fee is $300. Note that the assignment can be used when you already have a patent or when you are still patent pending.
Answer Applies to: Utah
Replied: 5/5/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
Generally you can agree on terms of the sale and the inventor will then "assign" the right of the patent to you. The assignment agreement must be notarized. The assignment is then recorded by the patent office. You could find the assignment information at the US patent office web site at www.uspto.gov. But it will probably be easier to have the documents prepared and filed by a patent lawyer.
Answer Applies to: California
Replied: 5/5/2015
Webb IP Law Group
Webb IP Law Group | Jason P Webb
Yes, you can buy a patent from someone. It is best to include a patent lawyer so they can check to make sure you are buying something worthwhile and still active. The agreement you will use to transfer the patent is called an "assignment."
Answer Applies to: Utah
Replied: 5/5/2015
    Microtechnology Law & Analysis | Daniel Flamm
    Sure. Make the owner an offer. The owner can decide to sell it to you; after that sale you need to record the assignment.
    Answer Applies to: California
    Replied: 5/5/2015
    Banner & Witcoff, Ltd. | Ernie Linek
    Yes - patents and patent applications are property and they can be bought and sold. You do not need a patent attorney to do this for you - but you do need to record the assignment document in the US Patent Office - so a patent attorney would be useful for that part. See the Patent Office website (http://www.uspto.gov/web/forms/sb0041.pdf) for a sample patent assignment form. This form only applies to a granted patent. Assignment forms for patent applications are available on-line from multiple sources. GOOD LUCK.
    Answer Applies to: Massachusetts
    Replied: 5/5/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes, you can buy the patent from your former partner. It would be safer to use an attorney with experience in intellectual property transfers because you would avoid inaccurate and/or insufficient transfer language that might result in problems down the road.
    Answer Applies to: Nebraska
    Replied: 5/5/2015
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