If inventors are omitted or misrepresented, the patent must be correct, otherwise it may be invalid.
Patent Owners versus Inventors
Patent ownership is not the same as inventors. An inventor does not have to be the owner, but an inventor can be the owner. If it has a patent, the owner can use the value of the patent and prevent others from infringing it. Architects usually acquire ownership by transferring their rights. A task is a legal document that transfers the rights of the inventor (recipient) to the owner (the award).
Firstly, every inventor has the same right to the patent, no matter what he has added. This means that any inventor can do whatever they want with the patent. You may sell, license, process and sell the product or material of the invention without the permission of another inventor. You can also prevent litigation because all owners must be united in a lawsuit.
To prevent all inventors from doing what they want, rights are assigned to a particular person or organization. Once assigned, all rights belong to that person or organization.
But even with this job, if you lose an inventor, you can find that someone else has the same rights that you have to a patent. All inventors, regardless of their respective contributions, have relatively different interests in the entire patent. The co-inventor of the individual claim takes ownership of the entire patent.
These problems can interact with others
Companies often work together with external experts. These experts can be inventors. Many entrepreneurs believe that because they hired and paid someone to help develop a product, they got the results. Or they think it was their idea and don’t need the experts to add it. Often times they don’t even tell their lawyers because they think it doesn’t matter. But the foreigner can be an inventor with only one claim and have the same rights to the patent.
How can this be avoided?
Identify each inventor and ask them to sign the agreement. This agreement transfers the rights to an entity, such as the person or company that administers the patent.
In fact, ask all employees to transfer all intellectual property rights to the company and to sign and enter into a contract, requiring them to cooperate in the patenting process. Consultants must enter into similar contracts upon recruitment.
It requires planning and a little record keeping, but it will ensure that you don’t lose your patent.