Do you know who actually owns a patent?
Many people assume that the inventor automatically owns the rights, but that’s not always the case. There is a significant difference between the inventor, applicant, and assignee, and understanding these roles is crucial for securing and managing intellectual property.
A Real-Life Confusion in Patent Ownership
In my eight years of patent practice, I encountered a unique situation today. A person from a company (let’s call him X) reached out, explaining that he had included Person Y (from an external agency) as an inventor in a patent application. However, Person Y refused to assign rights to the company, didn’t want any commercial interest in the patent, and didn’t even want to be recognized as an inventor.
At first, this seemed unusual, but after discussing it further, we realized the issue wasn’t about ownership—it was about awareness. Person Y was simply unaware of the distinctions between an inventor, an applicant, and an assignee.
Breaking It Down: Inventor vs. Applicant vs. Assignee
To clear up confusion, here’s a simple breakdown of these three roles:
🔹 Inventor – The person who conceives the invention. They must be named in the application, but being an inventor does not automatically mean they own the patent.
🔹 Applicant – The individual or entity who files the patent. This can be the inventor, their employer, or any entity they assign their rights to. The applicant usually owns the patent unless an agreement states otherwise.
🔹 Assignee – The person or entity to whom patent rights are transferred. An inventor may be required to assign rights to their employer or another party, depending on contracts, company policies, or agreements.
In Person Y’s case, they misunderstood their role. They thought being listed as an inventor meant they had legal and financial obligations, which wasn’t necessarily true.
Key Takeaways: Avoiding Ownership Confusion
✔️ Inventors create the invention, but don’t always own it.
✔️ Applicants file and own the patent—this can be an individual, company, or other entity.
✔️ Assignees are those who receive patent rights through a formal transfer.
✔️ Employment agreements often determine whether an employee-inventor must assign rights to their company.
Understanding these distinctions ensures smooth IP management and avoids disputes. Before filing a patent, always clarify who owns what!
Have you ever faced a patent ownership dilemma? Let’s discuss 🙂
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