Legal Question in Intellectual Property in New Jersey

Any attorney will say it depends on the terms of the patent assignment. Don't sign anything without legal advice. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

An assignment of rights is exactly that. Whatever rights are assigned to the LLC are no longer held by the inventor. If what is intended is a grant of a license to the LLC to use certain rights, the agreement should say that. Your asking of the question tells me that you are well advised to have your attorney (not the LLC's attorney) review any agreement that you sign in order to protect your rights. � See also: http://info.corbettlaw.net/lawguru.htm

Generally, A patent for an invention is the grant of a property right to the inventor, issued by the U.S. Patent and Trademark Office (USPTO). Therefore, the name of the actual inventor(s) cannot be removed from a registered patent, even after assignment. However, the right to use, make, or sell the invention may no longer belong to the inventor following an assignment by the inventor. The ownership rights, as opposed to the right to be named as an inventor, will depend on the terms of the Assignment Agreement.

You should consult an experienced Intellectual Property attorney to review your Assignment Agreement, so feel free to email my office directly for additional details.

COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.