MPEP Q & A 32: Circumstance Where Joint Ownership Exists

 Circumstance Where Joint Ownership Exists

Question:

Name one circumstance where joint ownership exists.

Answer:

Joint ownership occurs when any of the following cases exist:

  • Multiple partial assignees of the patent property;
  • Multiple inventors who have not assigned their right, title and interest; or
  • A combination of partial assignee(s), and inventor(s) who have not assigned their right, title and interest.

Chapter Details:

The answer to this question can be found in chapter 300 of the MPEP. This chapter covers Ownership and Assignment.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 301 of the MPEP.  The following is a brief summary of section 301.

301     Ownership/Assignability of Patents and Applications

This section defines common terms and issues dealing with the ownership/assignability of patents and applications including ownership, assignment, licensing, individual and joint inventorship, making the assignment of record, and accessibility.


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