What happens when partners apply for the same patent? 3 Answers as of October 21, 2010

My friend and I want to patent an invention. He did the work. I cam up with the idea. How will they work it out?

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Devon & Associates
Devon & Associates | Marcia A. Devon
Depending on what "work" he did, it may be appropriate under U.S. law for you to file the patent application as co-inventors. If you do file as co-inventors, you would own 1/2 of the interest in the patent application and any patent which is granted. You can agree to divide ownership differently e.g. 40 percent and 60 percent or 20 percent and 80 percent . The ownership/title to a patent is usually transferred by filing an Assignment (signed by the inventor(s)) with the USPTO.
Answer Applies to: California
Replied: 10/21/2010
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
The one that did the work is not an inventor. The one who thought of the idea is.
Answer Applies to: Oregon
Replied: 10/21/2010
Kafantaris Law Group
Kafantaris Law Group | Theo Kafantaris
If two people conceptualize and develop an idea together, they would be considered joint inventors. If you are the sole inventor, and your partner only did work on it for you, then you are the single inventor. You can always assign him rights to your patent, but you would be the only named inventor.
Answer Applies to: California
Replied: 10/21/2010
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