Community Ownership of Patent Rights
Depending upon state property laws, the same can sometimes also be said for other types of business entites.With the use of a corporate form each of the co-inventors can enjoy the
financial benefits of jointly owned property, without the property being owned
by any one of the co-inventors. This is true because the corporation is
considered a person under the law, so the corporate entity will own the patent
and the coinventors will own their respective shares in the corporate entity -
not in the patent itself. While Nancy Weres may well have had a claim to
one-half interest in Oleh’s interest in his share of a corporate entity, she
would not have become a co-owner of the patents. For more information see Weres
v. Weres, 2005 U.S. App. LEXIS 386 (Fed. Cir., January 11, 2005).
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